Updated on April 27, 2021
Welcome to SQUAREAT!
PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE IN GENERAL. DO NOT PURCHASE ANY PRODUCT OR SUBSCRIPTION, REGISTER AN ACCOUNT OR USE ANY SERVICES AVAILABLE ON THE SITE IF YOU ARE NOT IN AGREEMENT WITH ANY PART OF THE TERMS.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SECTION 17 BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
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You agree to be legally bound by these Terms in their entirety, when you: (a)access or use the Site; (b)sign up to receive newsletters or other information access and/or view any video, audio, information, text, recipes, food, safety tips, cooking tips, photographs, graphics, artwork and/or other content featured on the Site; (c)register or subscribe to our meal plans (the Subscription”); (d)use our food delivery service and/or purchase our Square(s), Meal-Boxes, or any other products or services offered by SQUAREAT on the Site (Collectively and individually, the “Order”); (d)enter any promotion, sweepstakes and/or contest offered or conducted by SQUAREAT from time-to-time and/or (e)utilize any of the features of the Site designed to facilitate interaction between you and us (e.g., user support).
These Terms may be revised in our sole Discretion (“Discretion”) at any time and from time to time by updating them here. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms and conditions. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. You understand and agree that your continued access to or use of the Site after any posted modification to these Terms indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Site.
These Terms govern the use of the Site in general. More specific and/or supplemental terms and conditions may apply to some services, including but not limited to, a particular contest, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Site for users under certain ages; and/or specific terms or restrictions that may apply to certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, the supplemental terms will prevail over these. Terms. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Site.
Our Site is intended for use by individuals who are at least eighteen (18) years of age. By using the Site, you confirm you are at least eighteen (18) years old. If you are not, you may not access the Site and have the requisite power and authority to enter into this agreement and perform your obligations under these Terms.
Our Site is intended for U.S. Resident only. We do not accept orders from individuals outside the United States. As such, by placing an Order through our Site you represent and warrant that; (1)you are a U.S. resident; and (2)are accessing the Site from the United States.
You do not have to register to use this Site. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Site such placing an Order on our Site.
Please note that when you register to a Subscription, you expressly authorize and agree that SQUAREAT and/or our third party payment processor, are authorized to automatically charge your payment method on the applicable recurring basis applicable to you, as described in your Subscription (Please refer to Section 6 “Payment” below for more information).
You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your User Account and you are responsible for all activities under your User Account that you can reasonably control. You agree to indemnify and hold harmless SQUAREAT for losses incurred by SQUAREAT or another party due to someone else using your User Account. SQUAREAT has the right to disable any User Account or other identifier, whether chosen by you or provided by us, at any time, in its Discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms (as further detailed in Section 5.5 below).
In the event that you become aware of or suspect unauthorized use of your User Account, identity or any other breach of security, you agree to immediately notify us at email@example.com, and ensure that you secure your User Account, user ID, and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your User Account, which may require you to provide us with a new username or password.
SQUAREAT reserves the right to withdraw or amend the Subscription(s), and any other Products we offer on the Site, at our Discretion and without notice to you. SQUAREAT will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, SQUAREAT may restrict access to the Site in its entirety, parts of the Site, Subscriptions, Meal-Box options, or other products and services to users, including subscribing or otherwise registered users.
Following registration to your SQUAREAT Subscription and placement and receipt of your first order, you may manage and cancel your SQUAREAT Subscription at any time by managing your User Account on the Site or by emailing us at firstname.lastname@example.org, stating that you wish to change, pause, cancel or terminate your Subscription, along with your User Account information, full name and registered email address.
If you wish to delete or deactivate your User Account, please email us at email@example.com to indicate this information in your email in your communication to us.
To avoid being charged for Orders that you no longer wish to receive in the event of a cancellation, you must cancel three (3) days prior to the date when you are to be delivered your next Order. Your ability to change an Order locks three (3) days prior to your scheduled delivery date. Therefore, if you wish to change or cancel your Order and/or Subscription, you must do so before the delivery date listed in relation to your Subscription. For example, if you have a scheduled delivery date on Sunday, you have until the prior Wednesday at 11:59 PM Eastern Time to cancel. If you do so after the time listed for your delivery date, you will be charged and receive your Order for that week, and the cancellation will take effect for the following week.
If you cancel your SQUAREAT Subscription before receiving your first Order, your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including the status of your Order in our production process, and any promotions applied. You will be notified at the time of cancellation if any of your charged orders will be cancelled and refunded. Please contact us at firstname.lastname@example.org for additional details.
We reserve the right to discontinue your User Account and Subscription, suspend, deny or terminate your access to it at any time, without notice, for any reason and without any obligation to you or any third party if we have reasonable grounds to believe that any information that you provide or have provided is false, inaccurate, or otherwise violates these Terms. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.
Payments for the Orders and Subscriptions are hosted and processed by our third party service provider; www.stripe.com (the “Third Party Payment Processor” or “Stripe”). Accordingly, different or additional sale terms may apply, which you should read when they are presented to you by our Third Party Payment Processor. When paying for your SQUAREAT Subscription or/and otherwise placing an Order on our Site, you will have the opportunity to review and confirm your Order, including delivery address (if applicable), and payment details.
WHEN YOU REGISTER FOR A SQUAREAT SUBSCRIPTION (AND ANYTIME YOU CHANGE YOUR SUBSCRIPTION) YOU EXPRESSLY AUTHORIZE AND AGREE THAT SQUAREAT AND/OR OUR THIRD PARTY PAYMENT PROCESSOR ARE AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD ON THE APPLICABLE RECURRING BASIS (BASED ON YOUR SUBSCRIPTION FREQUENCY) IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR SUBSCRIPTION, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING FOR AS LONG AS YOU CONTINUE TO USE THE SUBSCRIPTION UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS PRIOR TO THE APPLICABLE CUT OFF TIME (as described above in Section 5.3).
By providing payment information, you further represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to is true, correct and complete; and (iii) YOU ACKNOWLEDGE AND AGREE THAT WE (AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH APPLICABLE AUTOMATIC, RECURRING PAYMENTS IN RELATION TO YOUR SUBSCRIPTION. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL PRODUCTS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR SQUAREAT SUBSCRIPTION, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE SQUAREAT SUBSCRIPTION, YOU RE-AFFIRM THAT WE ARE AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THESE TERMS.
If, for any reason, the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order and/or Subscription may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your payment.
We reserve the right to refuse or cancel your Order and/or Subscription at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your Order or other reasons. We also reserve the right to refuse or cancel your Order and/or Subscription if fraud or an unauthorized or illegal transaction is suspected.
We will contact you if any portion of your Order is cancelled or if additional information is required to process your Order. If we cancel your Order after we have processed your payment but prior to delivery, we will refund your payment.
All prices shown are in U.S. dollars and do not include applicable taxes. Taxes may vary and are not within our control. We may adjust future prices as necessary, in our Discretion. By making a purchase, you agree to pay the then-current purchase price. Purchases are not to be used for resale or any commercial purposes, unless we have authorized such use, in advance and in writing.
We reserve the right, with or without prior notice, to change any descriptions, images, and references; to limit the available quantity of any of our Meal-Boxes; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from conducting any or all transactions; and/or to refuse to process or deliver any Order of any user, including registered users. Price and availability of any products and services offered on the Site are subject to change without notice.
It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need. We make reasonable efforts to deliver your Order to your door every Sunday after 6 pm but such indication if indicative as we cannot guaranty exactitude of the delivery date and time.
Please note that we may use third-party carriers to deliver your Order.
In case of bad weather, extreme temperatures or other unexpected events, we may need to adjust, suspend or reschedule the delivery of your Order. In this event, we will try to let you know in advance, about any such delivery complications or adjustments. If we cannot reschedule the Delivery during within seven (7days) after your original delivery date, we will provide the appropriate credit or refund.
SQUAREAT is located in Miami Beach, Florida, and currently delivers only to limited areas within the State of Florida and continental United States. If we currently do not deliver to your area (as indicated when you enter your Zip Code on our Site) but you would like us to, please contact us at email@example.com. We are expanding the reach of SQUAREAT based on demand and will use reasonable efforts to notify our users when we launch in additional area(s).
Please note that you are solely responsible for inspecting all Products you receive for any damage or other issues upon delivery and for determining the freshness of the Order you receive. You should always inspect your delivery to confirm that the Order arrives in a cool, refrigerated condition. If you are not home when your Order is delivered, the delivery driver will leave it at your address. Our Meal-Boxes are delivered in a temperature-controlled bag intended to keep the food fresh for several hours. If a delivery cannot be safely left at your address, you are responsible for making alternate arrangements with us and for changing your delivery instructions in your User Account, if necessary. Our compliance to specific delivery instructions is not automatic, and depends on our express and discretional approval. Any person or location that accepts delivery is presumed by us to be authorized to do so and in accordance with these Terms. You are solely responsible to properly store and refrigerate all products prior to use, including perishables.
We do not offer returns, refund or replacement at the moment.
If you are not satisfied with the Order(s) delivered to you, or something was not as expected, please contact us within seven (7) days by email at firstname.lastname@example.org or by phone at +1 (786) 942-2170.
We recommend that at all times you follow the USDA’s instructions on food storage and safe food handling, which can be found here: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/keep-food-safe-food-safety-basics/ct_index.
Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/at-risk-populations.
The food delivered in connection with your Subscription may include ingredients that you are allergic to. You should always check the description associated with any Order that you place or receive from SQUAREAT to avoid potential allergic reactions. Please note that we do not guarantee the accuracy of any nutritional information provided on the Site. We will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase or consume are in accordance with your respective dietary needs, restrictions or preferences. Please note that indicating food preferences in relation to your Subscription (e.g., vegetarian, vegan, gluten-free, etc.) does not guarantee that your Order(s) will exclude certain food product ingredients which may contain those products. Accordingly, please note that SQUAREAT is not appropriate for people with severe allergies or gluten intolerance. If you have or suspect that you have an allergic reaction or other adverse health event, promptly call 911 or contact your health care provider. PLEASE NOTE THAT THE SITE DO NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE CONTENT AND INFORMATION OBTAINED FROM THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY.
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations, including but not limited to, the delivery of your Order, that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
As a condition of your use of the Site, you agree not to use the Site: (1)for any illegal purpose; (2)for any purpose that is prohibited by these Terms; or (3)for any other purpose not reasonably intended by the SQUAREAT as typical or expected use of the Site consistent with the purposes for which the Site was created.
You understand that the Site is for your personal, noncommercial use (absent an explicit written agreement between you and SQUAREAT); the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
You specifically agree not to use the Site: (a) for any commercial purposes; or (b) to conduct any business or activity, or solicit the performance of any activity. Additionally, in connection with your use of the Site, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other users; (g) transmit any chain letters, spam or junk e-mail to other users; (h) express or imply that any statements that you make are endorsed by SQUAREAT, without our specific prior written consent; (i) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the Site; (m) interfere with or disrupt the Site and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the Site without our prior written authorization; (q) use metatags or code or other devices containing any reference to the Site in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used in or in connection with the Site.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these Terms and may result in the immediate termination of your access to the Site without notice, in the Discretion of SQUAREAT. Because of the potential damage such conduct can cause, we further reserve the right to pursue any and all legal and technical remedies against users that engage in the aforementioned prohibited conduct, to prevent the violation of this Section 11 and to enforce these Terms.
SQUAREAT is the owner and operator of the Site. Additionally, SQUAREAT is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site. The content on the Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
Except as expressly licensed, we do not allow uses of the Site or any part of the Site, that are commercial or business related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). Any other use of our materials, including modification, distribution, or reproduction for purposes other than the personal usage of our Site, without written approval from SQUAREAT (unless authorized in writing in our Discretion) is prohibited.
“Squareat“, all other SQUAREAT marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of SQUAREAT or otherwise proprietary to SQUAREAT and may not be used by you for any reason other than as expressly permitted by these Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Site are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Site. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
SQUAREAT reserves the right to terminate any user’s access to the Site where that user infringes upon third-party copyrights. If you believe content posted on the Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to regarding notice of claims of copyright infringement should be sent to our copyright agent email@example.com.
If you believe that any content on the Site violates any of the terms of these Terms, please email us at firstname.lastname@example.org to send us a message about it. All requests must be labeled "Content Removal Request" on the email subject line. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. All requests must provide a description of the content or information that you want removed and information reasonably sufficient to permit us to locate the material and include the name and URL (if applicable) of the website, application, or other interactive service. We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, or we may not be able to respond if you do not provide complete information. Please also note that any requests for removal do not ensure complete or comprehensive removal of the content or information from this Site.
THIS SITE, AND ALL MATERIALS, GOODS AND SERVICES, AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SQUAREAT IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING WITHOUT LIMITATION, POSTINGS AND MATTERS ASSOCIATED WITH YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, SQUAREAT, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SITE OR THESE TERMS, INCLUDING BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND SQUAREAT DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THESE TERMS OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO HAVING SQUAREAT, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT, OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION, OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE FOR SQUAREAT, TO REFUND ANY MONIES ACTUALLY PAID BY YOU TO SQUAREAT FOR THE GOODS OR SERVICES INVOLVED AND TO TERMINATE AND DISCONTINUE YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT SQUAREAT ASSUMES NO LIABILITY, RESPONSIBILITY, OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE, OR DELIVER TRANSACTIONS OR POSTINGS, OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SITE FOR ANY TRANSACTIONS OR POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this 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 service provider or advertiser, as the case may be. You agree that, to the fullest extent permissible pursuant to applicable law, we 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 third party service providers and advertisers on this Site.
To the maximum extent allowable by applicable laws, you agree to indemnify, defend, and hold harmless the SQUAREAT, its parents, subsidiaries, and affiliates, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, suits, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from any alleged or actual breach or violation of these Terms by you. We reserve the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement, or compromise negotiations, as requested by us.
We reserve the right to terminate, suspend, or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms or any inappropriate or unlawful behavior on your part. In addition, we reserve the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor we will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and SQUAREAT agree to arbitrate, as provided below, all disputes between you (including any related disputes involving The SQUAREAT, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning our Site or these Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and SQUAREAT empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
A. In the event of a dispute, you or SQUAREAT must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to SQUAREAT, LLC, at email@example.com Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and the SQUAREAT will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
B. If you and SQUAREAT do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the Southern District of Florida; provided, however, that if circumstances prevent you from traveling to Florida, JAMS may hold an in-person hearing in your hometown area. You and SQUAREAT agree to submit to the exclusive jurisdiction of the federal or state courts located in the Southern District of Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or SQUAREAT) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in the State of Florida nothing in this arbitration provision shall be construed as consent by us to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to our Site or these Terms.
19.1. Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any conflict of law principles.
19.2. Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
18.4. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Squareat, LLC, is a Limited Liability Company incorporated in the State of Florida with its principal office at: 749 Washington avenue, 33139 Miami Beach Fl
If you have any questions about these Terms, please direct all correspondence to firstname.lastname@example.org.