Terms of Service
Thank you for using services rendered by our site, www.struqtive.com. These terms and conditions constitute a legal agreement between you and the Limited Liability Company ForenSys Caribbean, d.b.a. Struqtive (hereafter referred as “Struqtive”). By accessing, browsing or using any of our applications, websites, platforms, or other digital channels (collectively, the “Applications”), or using or receiving any services (the “Services”) provided to you by or through Struqtive, you hereby expressly acknowledge and agree to be bound by these Terms, both on your own behalf and on behalf of any corporate entity that employs you or which you represent. If you do not agree to these Terms of Service, please do not browse, use or access Services through our Applications.
Use of Services
The term “you” as used herein will be deemed to refer to both you and your employer, jointly and separately. If you are an employee, contractor or otherwise using or subscribing to the services by or on behalf of a corporate entity, organization or any other third-party entity, you represent and warrant to us that : (A) You are of legal age in your jurisdiction; (B) You have all required capacity, right, power and authority to accept this license on behalf of such entity; and (C) such entity shall be irrevocably bound by and shall comply with all of the terms and conditions of this agreement. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general, or with respect to you, from time to time without cause or prior notice.
Use of the Applications
You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise wrongful or criminal. Subject to the foregoing, Struqtive believes that users should decide what information to transmit and what content to provide, and Struqtive does not generally make editorial determinations about your transmissions or any content you provide. However, Struqtive reserves the right to take any actions that it deems necessary or appropriate to minimize its liability arising from your transmissions or any content you provide, or to preserve its relationships with its service providers). Struqtive will fully cooperate with any law enforcement authorities or court order requesting or directing Struqtive to disclose the identity of anyone posting any such information or content.
Intellectual Property Rights
Unless otherwise stated in your Software as a Service (SAAS) agreement, the contents of our Applications including, but not limited to, the text, images and video contained therein, and their arrangement are the property of Struqtive, including all trademarks, logos and service marks used or referred to in our Applications (collectively, “Trademarks”) are the property of their respective owners.
The Applications and the content provided in the Applications, including, but not limited to, text, images, buttons, html code, audio and video, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Struqtive, unless otherwise stated in your SAAS agreement. This permission is conditioned on your not modifying the content displayed, your keeping intact all copyright, Trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Application. Notwithstanding the foregoing, any software, application and other materials that are made available for downloading, access, or other use from this Application with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. You may not mirror any of the content from the Applications on another website or in any other media. Your use of the Trademarks displayed in the Applications, or any other content on the Applications, except as provided in these Terms of Service, is strictly prohibited. You are also advised that Struqtive will aggressively enforce its intellectual property rights to the fullest extent of the law.
License To Use Our Services
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Services for your internal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third-party to: translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the software underlying the Services or extract or attempt to extract source code from the object code of the Software. You may not make any commercial use of the Services or the Software, whether or not for consideration, other than for your own internal business purposes. Except as may be expressly permitted by us, you may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
Disclaimer of Warranties; Limitation on Liability
STRUQTIVE SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED ON OUR APPLICATIONS, AND WE RESERVE THE RIGHT TO MAKE CHANGES ANYTIME WITHOUT ANY NOTICE. USE OF THE APPLICATIONS IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATIONS AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. STRUQTIVE HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON THE APPLICATIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STRUQTIVE OR A STRUQTIVE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION, STRUQTIVE MAKES NO WARRANTY OR GUARANTEE THAT THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STRUQTIVE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE APPLICATIONS OR ANY USE OF THE APPLICATIONS, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE APPLICATIONS, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF STRUQTIVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Access to our Services
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third-party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
Changes to these Terms of Service
Please note that we will periodically make changes to these Terms of Service and we reserve the right to change these Terms of Service at any time. We will alert you that changes have been made by indicating at the top of these Terms of Service the date it was last updated. It is your responsibility to review these Terms of Service frequently and remain informed about any changes to it, so we encourage you to visit this page often. These Terms of Service take precedence over any previous terms of service that we have issued related to our Applications and your continued use of our Applications constitutes your acceptance of any amendments to and the most recent version of these Terms of Service. Struqtive may also make improvements or changes in the products, services, or programs described in our Applications at any time without notice.
Termination
These Terms of Service and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of Curaçao. The exclusive jurisdiction and venue of any action with respect to the subject matter of this website or these Terms of Service shall be in the courts of Curaçao. No amendment to or modification of these Terms of Service will be binding unless in writing and signed by Struqtive. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through our Applications. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Service. Please see the applicable agreement or notice.
Your failure to comply with these Terms of Service, or any other terms, conditions or notices included in the Applications will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. The terms regarding limits on liability, and voluntary submissions shall survive the termination of these Terms of Service and shall remain in effect indefinitely.