Anaqua, Inc. Website Terms and Conditions of Use
Updated: May 19, 2025
These Terms of Use (“Terms of Use”) govern your use and access of the Anaqua (“we”, “us”, “our” or “Anaqua”) website located at www.anaqua.com (“Anaqua Site”).
By accessing the Anaqua Site you agree to be bound by these Terms of Use as stated herein and our Privacy Policy available at https://www.anaqua.com/privacy-policy/#global-privacy-policy and incorporated herein. If you do not agree with the Terms of Use and/or Privacy Policy, you are prohibited from using or accessing this site and your continued unlawful use of the Anaqua Site shall constitute a violation of these Terms of Use. Anaqua may revise these Terms of Use at any time without notice. By using the Anaqua Site, you agree to be bound by the then current version of these Terms of Use.
1. Ownership
(a) Intellectual Property. All content provided on the Anaqua Site (the “Anaqua Content”) is owned by or licensed to Anaqua and/or its affiliates and assigns. Anaqua and its licensors shall retain all proprietary rights to the Anaqua Content listed on the Anaqua Site. The Anaqua Content may not be reproduced, transmitted, re-transmitted, distributed or re-distributed without the prior written consent of Anaqua and according to the Terms of Use enumerated herein.
(b)Trademarks. The trademarks, service marks, trade names and logos on the Anaqua Site are the trademarks of Anaqua and/or its affiliates. All other trademarks, service marks, trade names and logos on the Anaqua Site that are not trademarks of Anaqua are the exclusive property of those third parties listed on the Anaqua Site. Nothing in these Terms of Use shall grant you the limited right or license to reproduce, transmit, re-transmit, distribute or re-distribute any of the trademarks, service marks, trade names and/or logos of Anaqua and any third parties listed on the Anaqua Site.
2. Limited Use License
Subject to your compliance with these Terms of Use, Anaqua grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right and license to access the Anaqua Site. You are prohibited from using the material in any way not expressly contemplated in these Terms of Use, including but not limited to:
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- modifying, copying or reproducing any materials listed on the Anaqua Site;
- using the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempting to decompile, reverse engineer, merge, disassemble or transform any software contained on the Anaqua Site;
- removing any copyright or other proprietary notations from any materials;
- transferring the materials to another person or "mirror" the materials on any other server;
- allowing a third-party to use any services using your account information;
- gaining or attempting to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Anaqua Site or server or to any of the services provided by Anaqua through hacking, password mining or any other means;
- using the Anaqua Site and/or services provided on the Anaqua Site in any manner that could damage, disable, overburden, or impair any Anaqua server or website, or the network(s) connected to any Anaqua server, or interfere with any other party’s use and enjoyment of the Anaqua Site or services provided on the Anaqua Site;
- obtaining or attempting to obtain any materials or information through any means not intentionally made available by Anaqua through the Anaqua Site or services provided on the website;
- submitting any sensitive personal information through the Anaqua Site, including the chatbot;
- submitting any information through the Anaqua Site that is subject to export control laws;
- reproduce or otherwise use the data on the Anaqua Site in any manner in conjunction with any artificial intelligence, machine learnings, algorithms, or models (“AI Mechanisms”) or for the purpose of training such AI Mechanisms;
- otherwise exploiting the Anaqua Site; or
- in any manner that is unlawful;
This license shall automatically terminate if you violate any of the provisions of these Terms of Use and may be terminated by Anaqua at any time, at its sole discretion, without notice. Upon termination of the limited license granted herein, you must destroy any and all downloaded materials in your possession, whether in electronic, printed or other format.
3. Disclaimer of Warranties
THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY ANAQUA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANAQUA MAKES NO COMMITMENT THAT THE MATERIALS ON THE ANAQUA SITE ARE ACCURATE, COMPLETE, OR CORRECT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ANAQUA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF ANY THIRD PARTY RIGHTS. ANAQUA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ANY PART OF THE ANAQUA SITE OR OTHERWISE RELATING TO SUCH MATERIALS, OR ON ANY THIRD-PARTY WEBSITES, BLOGS OR SOCIAL MEDIA SITES LINKED TO THE ANAQUA SITE.
THE MATERIALS ON THE ANAQUA SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD NOT RELY ON THE MATERIALS AS A SUBSTITUTE FOR SPECIFIC ADVICE. ANAQUA DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION PROVIDED ON THE ANAQUA SITE SHOULD BE RELIED UPON FOR MAKING DECISIONS.
4. Limitation on Liability
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANAQUA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS, LOSS OF DATA, LOSS OF PROFIT OR DAMAGES RESULTING FROM A BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THE ANAQUA SITE OR CORRUPTION OF THE ANAQUA SITE, WHETHER OR NOT SUCH DAMAGES OCCUR IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION AND REGARDLESS OF WHETHER ANAQUA OR AN ANAQUA AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorney’s fees arising out of or relating to: (a) your use of or inability to use the Anaqua Site; (b) your violation of this Terms of Use; and (c) your violation of any third party rights including intellectual property rights.
6. Third Party Links
Use or access to any links to third party websites, blogs, or other social media outlets provided on the Anaqua Site (“Third Party Link(s)”) is at your own risk. Anaqua is not responsible for the content in the Third Party Links and the inclusion of any Third Party Link does not imply any endorsement whatsoever by Anaqua of the Third Party Links or of any viewpoint expressed on the Third Party Link.
7. Unsolicited User Provided Content
Anaqua or its employees acknowledge that they may receive unsolicited ideas and/or works, including but not limited to ideas and/or works for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, new product names, original creative artwork, samples, demos or other forms of ideas and/or works. Any unsolicited submission is at your own risk. You acknowledge that any unsolicited ideas that are submitted through the Anaqua Site shall not be treated as confidential and/or proprietary by Anaqua and that any potential similarities between Anaqua products, ideas, works or marketing strategies and any unsolicited ideas and/or works received from you are purely coincidental and in no way grant you any property rights in any of the Anaqua published products, ideas, works or marketing strategies. If you obtain any lawful and limited property rights in any unsolicited ideas and/or works either before or after the unsolicited submission through the Anaqua Site, you hereby grant any and all its limited, lawful ownership and/or property rights to Anaqua.
8. User Account, Password and Security
If any of the services and/or features provided on the Anaqua Site requires you to open an account, you must complete the registration process by providing Anaqua with current, complete and accurate information as prompted by the applicable registration form. You may also be required to choose a password and/or a username. You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Anaqua immediately of any unauthorized use of your account or any other breach of security. Anaqua shall not be liable for any loss that you may incur as a result of a third party using your password or account, either with or without your knowledge.
9. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
10. Miscellaneous
(a) No assignment. You may not assign or transfer these Terms of Use to anyone else.
(b) Electronic Communications. You agree to receive any communications that we provide to you by e-mail.
(c) Notice and User Inquiries. All inquiries by you or notices to Anaqua regarding these Terms of Use and/or any other inquiry regarding the Anaqua Site shall be made through emailing Anaqua, Inc. at webadmin@anaqua.com; or by writing us at Anaqua, Inc., ATTN: Privacy Officer, 31 St James Ave, Suite 1100, Boston, MA 02116 USA. We will attempt to respond to your inquiries in a timely manner. All other inquiries and/or notices that violate and/or disseminate from this procedure enumerated herein will not be acknowledged as proper notice by Anaqua and will not receive a response.
11. Entire Agreement
These Terms of Use and any additional terms and conditions referred to above contain the entire understanding between us regarding your use of the Anaqua Site and supersedes all previous agreements, understandings, negotiations, proposals and other representations, verbal or written, in each case relating to such subject matter. These Terms of Use will always be deemed modified to the minimum extent necessary for it to be enforceable, unless modification fundamentally changes the agreement. Delay or failure to exercise any right or remedy under these Terms of Use will not have waived that right or remedy.