Terms of Service
Effective Date: January 1, 2025
Welcome to The Square Meter. These Terms of Service ("Terms") govern your access to and use of the website located at testandown.com (the "Site") and all related services provided by The Square Meter ("we," "us," or "our"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
1. Acceptance of Terms
By accessing, browsing, or using testandown.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and The Square Meter. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
The Square Meter provides online content, information, and services through testandown.com. Our Site may include articles, resources, tools, and other materials related to our business and services. We reserve the right to modify, suspend, or discontinue any aspect of the Site at any time without prior notice. We do not guarantee that the Site will be available at all times or that it will be free from errors or interruptions.
3. User Accounts and Responsibilities
Certain features of testandown.com may require you to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
You must be at least 18 years of age to create an account on The Square Meter. By creating an account, you represent and warrant that you meet this age requirement and that all information you provide is truthful and accurate.
4. Acceptable Use
You agree to use testandown.com only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm The Square Meter or users of the Site
- Transmit any advertising, promotional materials, spam, chain letters, or any other form of unsolicited communication
- Impersonate or attempt to impersonate The Square Meter, our employees, another user, or any other person or entity
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks connected to testandown.com
- Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
- Use any information obtained from the Site to harass, abuse, or harm another person
5. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Square Meter, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on testandown.com, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your web browser for display enhancement purposes; and you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use.
The Square Meter name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Square Meter or its affiliates. You may not use such marks without our prior written permission.
6. User Content
The Site may allow you to post, submit, publish, display, or transmit content, including but not limited to text, photographs, images, comments, and other materials ("User Content"). You retain all ownership rights in your User Content, but by submitting User Content to testandown.com, you grant The Square Meter a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; (b) all of your User Content does and will comply with these Terms; and (c) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
We reserve the right to remove, edit, or disable any User Content at any time and for any reason, including if we determine that the User Content violates these Terms or may harm The Square Meter, our users, or third parties.
7. Disclaimers
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON TESTANDOWN.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SQUARE METER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Square Meter does not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the content on testandown.com in terms of its correctness, accuracy, reliability, or otherwise.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SQUARE METER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SQUARE METER EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9. Indemnification
You agree to defend, indemnify, and hold harmless The Square Meter, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of testandown.com, including but not limited to your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
10. Termination
We may terminate or suspend your access to testandown.com immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Jurisdiction
These Terms and your use of The Square Meter shall be governed by and construed in accordance with the laws of the United States and the state in which The Square Meter is headquartered, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that state for the resolution of any disputes arising out of or relating to these Terms or your use of testandown.com.
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice by posting the updated Terms on testandown.com and updating the "Effective Date" at the top of this page. Your continued use of The Square Meter following the posting of revised Terms means that you accept and agree to the changes. We encourage you to review these Terms periodically to stay informed of any updates.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by The Square Meter on testandown.com, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
15. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact us at:
The Square Meter
Website: testandown.com
Email: [email protected]
Thank you for using The Square Meter. We appreciate your compliance with these Terms of Service.