Season 4

Design + Code + Words + Marketing

Terms of Use

1. Welcome to Season4.io

This document governs the terms of use of our website season4.io. It does not govern, address, or comprehend any other website or service provided by Season 4, LLC.

Season 4, LLC provides access to its website to you subject to the following Terms of Use (these "TOU"). In order to use the Site, you must accept all of the terms and conditions of these TOU and S4's Privacy Notice (the "Privacy Notice"), and by using the Site, you expressly accept and agree to be bound by the terms and conditions of these TOU and the Privacy Notice. In the event of any inconsistency between the Privacy Notice and/or these TOU, these TOU will prevail. Nothing in these TOU will be deemed to confer any third-party rights or benefits, except with respect to the indemnification obligations set forth in Section [Indemnity] of these TOU. If you do not agree to be bound by the terms and conditions of these TOU, you may not use or access the Site.

Changes to Our TOU

We reserve the right to change these TOU at any time. In the event of significant material changes, we will provide advance notice of the changes by posting a notice of the change on our Site. These changes will become effective 30 days after posting of the notice. Your continued use of our Site, after any change to these TOU and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these TOU, you can choose to discontinue the use of our Site.

No Legal Advice or Attorney-Client Relationship

S4 is not a law firm. S4 does not provide legal advice, and all S4 Content is provided for informational purposes only and does not in any manner constitute legal advice. You should not act, or refrain from acting, based upon any information on the Site.

The information provided via the Site does not create, and its receipt by the reader does not establish or constitute, an attorney-client relationship.

Eligibility and Accuracy of User Information

You must be at least 18 years of age to use the Site. Our website is for residents of the United States only. If you live outside the United States, please do not use our website.

Your Responsibility

You agree that you will not use the Site so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you agree not to do any of the following:

  1. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Impersonate any person or entity, including, but not limited to, an attorney or an S4 official, forum leader, guide or host, or falsely state or otherwise misrepresent your identity, (including through the use of a pseudonym) or your position or affiliation with a person or entity, past or present;
  3. Upload, post, email, transmit, otherwise make available any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. Upload, post, email, transmit, otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are expressly designated for such purpose;
  5. Upload, post, email, transmit, otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;
  6. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to disrupt the Site or to otherwise interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  7. Collect or store personal data about other users;
  8. Access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.
  9. Harm minors in any way;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. Stalk or otherwise harass another;
  12. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site;
  13. Interfere with or disrupt, or attempt to interfere with or disrupt, the Site or servers or networks connected with the Site, or disobey any requirements, procedures, policies, or regulations of networks connected with the Site;
  14. Attempt to use another user's account or obtain unauthorized access to the Site;
  15. Use manual or automated software, devices, or other processes to "crawl" or "spider" any pages at the Site is strictly prohibited;
  16. Monitor or copy, or allow others to monitor or copy, pages from the Site or the S4 Content included therein;
  17. "Frame" or otherwise simulate the appearance or function of the Site;
  18. Take any action that interferes with the proper working of or places an unreasonable load on S4's infrastructure;
  19. Engage in any activity that interferes with any third party's ability to use or enjoy the Site;
  20. Engage in deceptive marketing or advertising practices; or
  21. Assist any third party in engaging in any activity prohibited by this Agreement.

S4's Proprietary Rights

S4, the S4 logo and other S4 logos and product names are trademarks of S4 (the "S4 Marks"), whether or not registered. You agree not to display or use in any manner the S4 Marks without S4's prior written permission.

S4 Privacy Notice

Your personal information is subject to our Privacy Notice. For more information, please see our full privacy notice .

Messaging

S4 does not send SMS messages for marketing purposes. In order to receive an SMS message from S4, you must explicitly opt in, and you can opt-out at any time.

Your Representations and Warranties

By accessing the Site, you represent and warrant that (i) you are 18 years of age or older; (ii) your use of the Site otherwise does not, and will not, violate any applicable law, rule or regulation.

Indemnity

You agree to indemnify, defend and hold S4 and its subsidiaries and affiliates and their respective directors, officers, managers, members, agents, third party contractors, employees and partners, harmless from any and all direct, indirect, incidental, special, consequential or exemplary damages, claims, liabilities, costs and expenses, including attorneys' fees, arising from or in connection with (i) Content you submit, post to or transmit through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of these TOU, (v) your violation of any rights of another person, or (vi) such activities carried out by a person using your S4 account or password.

Termination

By using the Site, you do not acquire any rights to the Site other than a license to use it that can be terminated at any time in accordance with this Section. You agree that S4, in its sole discretion, may terminate (to the extent applicable) your password, account (or any part thereof) or access to or use of the Site, and remove and discard any Content within the Site, for any reason if S4 believes that you have violated or acted inconsistently with the letter or spirit of these TOU. S4 may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this TOU may be effected without prior notice, and acknowledge and agree that S4 may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Site. Further, you agree that S4 shall not be liable to you or any third-party for any termination of your access to the Site.

Dealings with Third Parties

Your correspondence or business dealings with third parties accessed through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that S4 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Without limiting the generality of the foregoing, you assume the sole and entire responsibility for dealing with any lawyers contacted via the Site, and you acknowledge that S4 has not approved of such lawyers in any way.

Links

The Site contains (or you may be sent through the Site) links to other websites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by S4, and S4 is not responsible for any Third-Party Site accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including without limitation, the accuracy, offensiveness, opinions, reliability, legality, privacy practices, or other policies of or contained in the Third-Party Sites or Third-Party Content. Inclusion of, linking to, or permitting use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by S4. If you decide to access any Third-Party Site or to use any Third-Party Content, you do so at your own risk.

Any type of link to the Site is subject to S4's prior consent.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. S4 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, S4 MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS, (v) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM S4 OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT S4 SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF S4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT IS S4 LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE FOR AN AMOUNT IN EXCESS OF U.S.$100.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Notice

Notices to you may be made by displaying notices or links to notices to you generally on the Site. While S4 may give you notices from time to time, it is not obligated to do so.

Applicable Law

These TOU shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of laws provisions. You and S4 agree that the United States District Court for the District of New Jersey and/or the Superior Court for the County of Somerset shall have exclusive jurisdiction over any dispute between you and S4 relating in any way to the S4 Site or these TOU. You and S4 expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Entire Agreement; Severability; Section Headings

These TOU constitute the entire agreement between you and S4 and govern your use of the Site, superseding any prior agreements between you and S4. Without derogating from the generality of the foregoing, you may also be subject to additional terms and conditions that may apply when you use particular services offered via the Site.

If any part of these TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The section headings in these TOU are for convenience only and have no legal or contractual effect.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright, which you own or control, you may file a notification of such infringement by emailing dmca@season4.io.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site.

Copyright

Copyright © 2024 Season 4, LLC. All rights reserved. All materials presented on this site are copyrighted and owned by S4, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.