Effective Date: November 23, 2021

These User Terms of Service (the “User Terms”) govern your access and use of fddupdates.com and any accompanying applications plug-ins (the “Site”). Please read them carefully. These User Terms apply to you as a user of the Site.

Terms Legally Binding

These User Terms are a legally binding contract between you and us. If you access or use the Site, or continue accessing or using the Site after being notified of a change to the User Terms, you confirm that you have read, understand and agree to be bound by the User Terms. “We”, “our” and “us” currently refers to Business Squirrel LLC and our affiliate entities.

Customer’s Choices and Instructions

An organization or other third party that we refer to in these User Terms as the “Customer” has invited you to this Site. As an invitee of the Customer, you are considered an “Authorized User” on the Site.

The Customer has separately entered into a written agreement with us or our affiliate(s) (in either case, the “Contract”) that permitted Customer to use the Site and authorizes it to invite its clients to access the Site as Authorized Users. Our obligations to you are governed by the terms of the Contract, which involve operating the Site. The Customer’s obligations to you are governed by any agreements entered into between you and the Customer. We take no responsibility for any obligations of the Customer, and are solely responsible for providing and enabling access to the Site. Any information submitted by an Authorized User shall be owned by the Authorized User unless otherwise stated in an agreement between the Authorized User and Customer.

You agree that it is solely the Customer’s responsibility to (a) inform you and any Authorized Users of any relevant Customer policies and practices that may impact the processing of your information; (b) obtain any rights, permissions or consents from you and any Authorized Users that are necessary for the lawful use of your information and the operation of the Site; (c) ensure that the transfer and processing of your information under the Contract is lawful; and (d) respond to and resolve any dispute with you and any Authorized User relating to or based on the information you provide, the Site, or Customer’s failure to fulfill these obligations.

Rules of Use of the Site

To help ensure a safe and productive work environment, all Authorized Users must use the Site as intended. If we believe you are misusing the Site deliberately, repeatedly or in a way that presents a credible risk of harm to us, other Authorized Users, the Customer, the Site or any third parties, we may suspend or terminate your access.

You should keep your passwords and other login information confidential, and take reasonable steps to prevent a third party from accessing or using your login credentials. Should you become aware of any suspicious use of the Site, you must notify us or the Customer immediately.

To the extent prohibited by applicable law, the Site is not intended for and should not be used by anyone under the age of eighteen (18). You represent that you are over the legal age and are the intended recipient of Customer’s invitation to the Site. You may not access or use the Site for any purpose if either of the representations in the preceding sentence is not true.

You are here at the invitation of the Customer and us. These User Terms remain effective until the Contract expires or terminates, the Customer’s relationship with you expires or terminates, or your access to the Site has been terminated by us or the Customer. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms.

No Warranty

THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, BUSINESS SQUIRREL LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES ON THE SITE AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Limitation of Liability

If we believe that there is a violation of the Contract, User Terms, or any of our other policies that can simply be remedied by Customer’s removal of certain information or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Site, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

General Provisions

Email

Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Site. Notices provided by you should be sent to the Customer. If notices need to be sent to Business Squirrel LLC, including legal notices, such notice should be sent bussquirrel@gmail.com. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

Modifications

From time to time, we may change these User Terms. You can review the most current version of the User Terms at any time by visiting this page. Any revisions to these User Terms will become effective on the Effective Date provided on this page. If you use the Site after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions. If we make material changes to these User Terms, we will provide additional notice, such as via email or through the Site.

Waiver

No failure or delay by either party in exercising any right under the User Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or other sale of assets.

Governing Law; Venue; Fees

The User Terms and any disputes arising out of, or related hereto, will be governed by laws of the State of Colorado. Any disputes relating to these User Terms will be subject to the exclusive jurisdiction of the courts of the State of Colorado and the United States District Court for the District of Colorado.

Entire Agreement

These terms and conditions constitute the entire agreement between you and us in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site. To the extent of any conflict or inconsistency between the provisions in these User Terms and the Privacy Policy, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the Privacy Policy.

Contacting Business Squirrel LLC

Please also feel free to contact us at bussquirrel@gmail.com if you have any questions about Business Squirrel LLC’s User Terms of Service.

Acknowledgement

BY USING OR ACCESSING BUSINESS SQUIRREL LLC’S SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE USER TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.