MySquard INC. TERMS AND CONDITIONS
These general conditions of use of the Application published by the Company MySquard define the conditions under which the Company grants the Users and the Independent Service Providers a license to use the Application to enable the Users to entrust the Independent Services Providers with their works, track their execution and pay them, all within a determined contractual framework.
The Company offers an application enabling a User to contact an Independent Service Provider to provide them with certain services made under this Agreement. The service provided by the Company is that of putting the User and the Independent Service Provider in contact only. In this respect, the Company acts as the agent of the Independent Service Provider. It is the sole responsibility of the Independent Service Provider to provide the services. The Company is not a party to the contract entered into between the User and the Independent Service Provider with regard to the provision of the service. The Company does not directly supervise, direct, or control how an Independent Service Provider carries out its services.
- ABOUT US
MySquard Inc., a Washington DC Corporation (“MySquard,” “us,” or “we”) is a technology provider. You acknowledge and agree that we are not the service provider or a contractor. Service Providers are not our employees, representatives, or agents.
- SERVICE PROVIDER ARE INDEPENDENT CONTRACTORS
As a User of the platform, you understand and agree that MySquard provides a technology platform connecting you with independent Service Providers who provide certain services (“Service Providers”). You acknowledge and agree that MySquard does not offer any services you order through the Platform and has no responsibility or liability for the acts or omissions of any Service Provider. The services provided by MySquard pursuant to this Agreement do not include any services. MySquard is not in the contractor business. MySquard provides a technology platform facilitating the transmission of services between User and Independent Service Provider. MySquard will not assess or guarantee the suitability, legality, or ability of any Service Provider. You agree that MySquard has no responsibility or liability for acts or omissions by any Service Provider.
- PROVISION OF MySquard SERVICE AND LICENSE GRANT
The MySquard Service (including all content therein and the compilation of such content, including but not limited to all photos, videos, recipes, text, graphics, data, and images) are each owned by MySquard or its licensors and are subject to trademark, service mark, copyright, or other intellectual property rights. The MySquard names and logos, and all related product and service names, design marks, and slogans, are the trademarks or service marks of MySquard. All other marks are the property of their respective companies. Nothing contained in the MySquard Service grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the owner’s express prior written consent.
Subject to your compliance with the terms and conditions of this Agreement, during the Term, MySquard hereby grants you a limited, non-exclusive, and non-transferable license to use the MySquard Service, including the right to download, install, and use the App on a smartphone, tablet, or other mobile devices that you own or control, solely for so long as MySquard permits you to use the MySquard Service.
- USERS: CERTAIN TERMS APPLY TO USERS OF THE PLATFORM
There are two types of users of the MySquard Service: (a) Service Provider, and (b) Customers. This Agreement applies to your use of the MySquard Service as a Customer.
As a Customer, you agree that you will: (i) as a condition to requesting for a Service Provider through our platform, link your MySquard account with a valid credit card, debit card, or other authorized payment methods (“Payment Method”), (ii) pay for the service that you place via the MySquard Service, and (iii) comply with all applicable laws at all times. You agree to keep your Payment Method information current at all times while using the MySquard Service (such as your card number and expiration date). Additionally, you may add more than one Payment Method per account.
You acknowledge that each Service Provider retains total and complete discretion as to the Service Provider’s provision of services. You further acknowledge and agree that MySquard has no responsibility and makes no guarantees regarding (1) Service Provider or their services, or (2) Quality of any services provided by Service Provider. MySquard retains a portion of the payments made via the MySquard Service, but solely as a service fee for facilitating the transactions and payments envisioned by this Agreement. You accept all risks related to interacting with and transacting with Service Provider and all risks associated with the services that Service Provider provides to you.
You may need to register to use all or part of the MySquard Service. We may reject or require that you change any account name, password, or other information you provide to us in registering. Your account name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password (including any related security questions and answers) and for restricting access to your computer or other devices, and you are responsible for all activities that occur in connection with your account or password. Your account may not always transfer to other websites owned or operated by MySquard; such websites may require you to create a separate account. You represent and warrant that any information you provide in connection with the MySquard Service is and will remain accurate, current, and complete and that you will maintain and update such information as needed. By creating an account, you agree to notify us immediately if you discover or otherwise suspect any security breaches related to the MySquard Service or your account.
We may terminate or suspend your access to or use of your account or close your account, for any reason or no reason at any time, upon notice to you, including without limitation if you (A) have violated these Terms, the Customer Community Guidelines, the Service Providers Community Guidelines, or any other terms referenced herein, (B) pose an unacceptable credit or fraud risk to us, (C) attempt to abuse, game, or otherwise exploit the MySquard Service or any discounts, offers, promotion codes, or referral codes offered in connection in addition to that (as determined by MySquard in its sole discretion), (D) attempt to gain unauthorized access to portions of the App or MySquard Service or information in the MySquard Service that is not yours, such as other accounts, or provide any false, incomplete, inaccurate, or misleading information, or otherwise engage in fraudulent or illegal conduct. Upon any such termination or suspension, you must immediately stop using the MySquard Service, including without limitation the mobile payment functionality, and we reserve the right to delete all of your account information stored on our servers. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the mobile payment functionality or any such termination, suspension, or deletion of information.
- SERVICE PROVIDERS BACKGROUND CHECKS
Service Providers may be subject to a review process before they can register for and during their use of the MySquard Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate (“Background Checks”). Although MySquard may perform Background Checks, MySquard cannot confirm that any User is who they claim to be, and MySquard cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. MySquard will not be liable for any false or misleading statements made by Users of the MySquard Platform.
NEITHER MYSQUARD, ITS AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MySquard PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MySquard AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MySquard PLATFORM.
- USER REPRESENTATIONS AND WARRANTIES
All Users represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- Services shall only be performed in a country where the MySquard Platform has a presence.
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or MySquard in connection with the MySquard Platform without the prior written consent of MySquard and/or the relevant User, as applicable;
- You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Service Provider or Client as the case may be, and only utilize the third-party payment service provider specified or approved by MySquard to make or receive payment for services provided through the MySquard Platform;
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name on your profile;
- When using or accessing the MySquard Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- You will not use the MySquard Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to MySquard, you do not have any motivation, status, or interest that MySquard may reasonably wish to know about in connection with the MySquard Platform, including without limitation, if you are using or will or intend to use the MySquard Platform for any journalistic, academic, investigative, or unlawful purpose.
Service Providers additionally represent and warrant that:
- When using the MySquard Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the MySquard Platform, and maintain an independent clientele;
- You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
- If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Services (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Service you are performing);
- You have any and all insurance required to operate your business and provide your services;
- You will use your real name or business name and an up-to-date photo on your profile;
- You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Service(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
- RESTRICTION ON USE OF MySquard SERVICE
The MySquard Service may only be used for certain activities:
You may not: (a) rent, lease, lend, sell, redistribute, reproduce, or sublicense access to the MySquard Service, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MySquard Service, or any part of the MySquard Service, or (c) use the account, username, or password of another User at any time, allow any other person to use your account, or provide your passwords to any other person or entity. If you are a competitor of MySquard, you are not authorized to use the MySquard Service. You may not exploit the MySquard Service in any unauthorized or unlawful way. You will not assert, nor will you authorize, assist, or encourage any third party to assert any intellectual property infringement claim regarding the MySquard Service. Suppose the above restrictions are prohibited by applicable law or by one of our licenses. In that case, the activities are permitted only to the extent necessary to comply with the law or licenses.
You agree that you will not violate any law, contract, intellectual property, or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the MySquard Service. You shall not:
- Use the MySquard Service in any manner which violates the Customer Community Guidelines or Service Provider Community Guidelines.
- Use or attempt to use the MySquard Service to transport any Restricted product items.
- Post, transmit, or otherwise make available through or in connection with the MySquard Service any materials that are or may be: (i) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent, or otherwise tortious; (iii) obscene, indecent, pornographic, or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit, or otherwise make available through or in connection with the MySquard Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful, invasive, or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the MySquard Service for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the MySquard Service.
- Interfere with or disrupt the MySquard Service’s operation or the servers or networks used to make the MySquard Service available, including by hacking or defacing any portion of the MySquard Service; or violate any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the MySquard Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion or use of the MySquard Service except as expressly authorized herein, without MySquard’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the MySquard Service, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the MySquard Service.
- Frame or mirror any portion of the MySquard Service, or otherwise incorporate any part of the MySquard Service into any product or service, without MySquard’s express prior written consent.
- Systematically download and store MySquard Service content.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather MySquard Service content, or reproduce or circumvent the navigational structure or presentation of the MySquard Service, without MySquard’s express prior written consent. Notwithstanding the preceding, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, MySquard grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. MySquard reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- You are responsible for obtaining, maintaining, paying for all hardware and telecommunications, and other services needed to use the MySquard Service.
- ORDER PROCESS: THIS IS GENERALLY THE PROCESS WHEN AN ORDER IS PLACED
When you submit a request via the MySquard Service, MySquard will notify one or more nearby Service Providers and will provide certain information about you, including your phone number, to the Service Provider who voluntarily accepts your request. The Service Provider may communicate with you using the App or personal number, regarding the status of the services. The Service Provider not MySquard, is responsible for the fulfilment of the service.
All orders are subject to our acceptance. We may require verification of information prior to the acceptance or fulfilment of any order. Once you have placed an order, we may send you an acknowledgement or confirmation by e-mail or via Text messages, which does not constitute our acceptance of your order. Your order has been accepted when you have been notified that a Service Provider has accepted your request.
- INTERACTION WITH OTHER USERS
The MySquard Service is designed to facilitate transactions among Service Providers and Customers. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND TRANSACTIONS WITH SERVICE PROVIDER AND MERCHANTS, AGREE TO LOOK SOLELY TO SUCH SERVICE PROVIDER FOR ANY CLAIM, DAMAGE, OR LIABILITY ASSOCIATED WITH ANY TRANSACTION COMMISSIONED VIA THE MySquard SERVICE OR ANY ORDER, AND EXPRESSLY WAIVE AND RELEASE MySquard FROM ANY AND ALL CLAIMS, DAMAGES, AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY SERVICE PROVIDER INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY.
- USER CONTENT
(a) User Content. MySquard may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post, or otherwise transmit through the Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain material that is false, intentionally misleading, or defamatory; (iii) does not contain any unlawful material; (iv) does not violate any law or regulation; and (v) does not violate this Agreement. You hereby grant MySquard a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute, or otherwise use the User Content in connection with MySquard’s business and all forms now known or hereafter invented (“Uses”), without notification to or approval by you. You further grant MySquard a license to use your username, first name, and last initial, or other User profile information, including without limitation, your rating history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the Services’ functionality. In the interest of clarity, the license granted to MySquard herein shall survive termination of the Services or your account. MySquard reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that MySquard may monitor or delete your User Content (but does not assume the obligation) for any reason in MySquard’s sole discretion. MySquard may also access, read, preserve, and disclose any information as MySquard reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or I protect the rights, property or safety of MySquard, its Users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, or proposals to MySquard through its advice, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk. That MySquard has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MySquard a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute, or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Service Provider (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by MySquard and do not represent the views of MySquard or its affiliates. MySquard shall have no liability for Ratings and Reviews or any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on the first-hand experience with the Service Provider; (ii) you will not submit a Rating or Review in exchange for payment, or other benefits from a Service Provider; (ii) any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Rating or Review will abide by the terms of this Agreement. Suppose we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement. In that case, we may remove such User Content without notice.
- COMMUNICATIONS WITH MySquard
By creating a MySquard account, you electronically agree to accept and receive communications from MySquard, Service Provider, or third parties providing services to MySquard, including e-mail, text message, calls, and push notifications cellular telephone number you provided to MySquard. You understand and agree that you may receive communications generated by automatic telephone dialing systems or which will deliver pre recorded messages sent by or on behalf of MySquard, its affiliated companies, or Service Provider, including but not limited to communications concerning your ordered service through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. MySquard may send you confirmation and other transactional emails regarding the Professional Services. MySquard and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails’ ). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. For purposes of clarity, service order text messages between you and Service Provider are transactional text messages, not promotional text messages.
- SERVICE CANCELLATION / NO-SHOW
Rescheduling appointments during the Minimum Commitment Period: The cancellation and rescheduling of appointments follow the MySquard cancellation policy (found at www.MySquard.com/help). The customer may cancel their scheduled Professional Service appointments through the MySquard Platform at any time, subject to the following conditions: (i) if the Customer cancels or reschedules the service more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if the Customer cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Customer will be charged a $15 cancellation fee; and (iii) if the Customer cancels or reschedules less than 2 hours before a scheduled Professional Service appointment, the Customer will be charged the total amount of the order up to $250. For instance, if the total order amount is $125, the Customer will be charged the full amount of $125. If the total order amount is $1,000 the Customer will be charged the maximum amount which is $250. Additionally, if the Service Provider arrives at the location requested by the Customer and the service cannot be performed by the Service Provider due to Customer unavailability, the Customer shall be charged the full amount of the service up to $250 and such payment shall be credited to the Service Provider’s account, and the Customer will not be eligible for a refund.
In case the Service Provider does not show up for the services ordered by the Customer, the Customer shall be refunded for the full amount paid for the service ordered at MySquard.
A Professional Service appointment may be canceled or rescheduled through the MySquard application platform.
LIMITATION OF LIABILITY
The MySquard Service is not available at all times, in all languages, or all geographies. We are currently available only in select cities. MySquard makes no representation that the MySquard Service will achieve any particular uptime, or that the MySquard Service is appropriate or available for use in any particular location. For example, the MySquard Service may be available only in certain neighborhoods in a particular city. We do not guarantee that you will be able to order for service with any Service Provider via the MySquard Service. You use the MySquard Service at your initiative and are responsible for compliance with any applicable laws in connection with your use of the MySquard Service. MySquard may also impose limits on the use of or access to the MySquard Service as required by law. Use of the MySquard Service is void where prohibited.
- MOBILE APP MARKETPLACE TERMS
Acknowledgments regarding marketplace providers. You understand this Agreement is between you and MySquard and not with Apple Inc. (“Apple”), Google, LLC (“Google”) or any other provider of a mobile application marketplace and that MySquard (not the marketplace provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement, or discharge of any third-party intellectual property claims the App, the MySquard Service, or your use thereof infringes intellectual property rights.
- THIRD-PARTY SERVICES AND CONTENT
You agree that MySquard does not assume responsibility for any content, services, websites, advertisements, offers, or information that are available and provided by third parties and made available through the website, nor does MySquard assume responsibility for your interactions with any Third-party service provider (including Independent Service Provider). If you order, use or access any such contents, services, offers, or information through the Services or you engage with any Third-Party Provider, you agree that you do so at your own risk and that MySquard will have no liability based on such use, access, or engagement with such third-party provider.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
This section is important—please read it carefully. It limits MySquard’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this section may not apply to you.
Disclaimer of warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE MySquard SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTIES REGARDING ANY SERVICE PROVIDER AND THEIR DELIVERY SERVICES OR MERCHANTS AND THEIR PRODUCTS.
Limitation of liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE MySquard SERVICE, OR THE FULFILLMENT OF ORDERS, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY HEREUNDER OR TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE APP, THE WEBSITE, THE MySquard SERVICE, OR RELATED MATTERS FOR AGGREGATE DAMAGES IN EXCESS OF THE GREATER OF (a) U.S. $100.00, OR (b) THE TOTAL DOLLAR VALUE OF TRANSACTIONS YOU PLACED VIA THE MySquard SERVICE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SERVICES PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MySquard DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, MySquard MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MySquard DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
MySquard DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT MySquard WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.
YOU AGREE THAT NEITHER MySquard NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD-PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD-PARTY PROVIDER. NEITHER MySquard NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER.
If you have a dispute with one or more Third Party Providers, you agree to release MySquard (including MySquard’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- EXPORT AND OTHER RESTRICTIONS
You may not use or otherwise export or re-export the MySquard Service or elements of it, except as authorized by United States law and the laws of the jurisdiction in which the MySquard Service was accessed or obtained. You also agree that you will not use the MySquard Service for any purposes prohibited by applicable law. The MySquard Service and related documentation are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
MySquard reserves the right, at any time, to change these Terms by notifying you of such changes by any reasonable means, including without limitation by posting a revised version of these Terms through the MySquard Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. By using the MySquard Service following any such changes, you agree to be bound by such revised Terms. You may reject such changes by ceasing all use of the MySquard Service. In addition, we may at any time and without liability modify or discontinue all or part of the MySquard Service (including access to the MySquard Service via third-party links); charge, modify, or waive any fees required to use the MySquard Service; or offer opportunities to some or all MySquard Service users.
- DELETION OF ACCOUNT
If for some reason you (customer, service provider, individual or business) ever want to delete your account, you can do that at any time by LOGGING IN TO YOUR ACCOUNT ON THE APPLICATION>GO TO SETTING>OPTING FOR “DELETE ACCOUNT.” Upon clicking on “DELETE ACCOUNT” you will receive a popup notification to confirm that the deletion request is intentional. Once you confirm and click “DELETE MY ACCOUNT NOW” your access to the account will be immediately removed. When you delete your account, we delete all information and any other content you provide in your profile (such as your name, phone number, email address, password, bio, profile photos, address, geographic location, credit/debit card information, and financial details) and information collected through mobile permissions you’ve granted. The information cannot be recovered once your account is deleted and you will immediately cease all use of and access to services. Information that you have shared with others, others have shared about you, or content other users may have copied and stored, is not part of your account and may not be deleted when you delete your account.
Additionally, we will be unable to delete your account if there is an issue with your account related to trust, safety, or fraud. When we delete your account, we may retain certain information to comply with legal or regulatory obligations. For example, we may retain your information to resolve claims, or we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.
Additionally, when you choose to delete your account while having a balance in your account, you are required to contact us at firstname.lastname@example.org for a refund. Your refund shall be initiated subject to collection of any outstanding fee or charges, and to our payment policies (found here https://support.mysquard.com/when-do-i-get-paid/ and here https://support.mysquard.com/whats-the-cancellation-policy/) and verification, within (7) working days of the request. Deletion of your account shall not relieve you of any obligation to pay any accrued fee or charges.
- FORCE MAJEURE
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third-party networking equipment, illegal acts of third parties, failure of the public internet or changes in the accessibility of third-party websites, power outages, labor disputes, or governmental demands or restrictions.
You shall defend, indemnify, and hold MySquard and its affiliates and each of their directors, officers, employees, agents, assigns, and representatives harmless from and against all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (a) your access to or use of the MySquard Service or any materials (including Third-Party Materials), products, or services available through the MySquard Service, (b) any of your Feedback, or (c) any violation or alleged violation by you of any provision of these Terms.
- COPYRIGHT AND TRADEMARK POLICY
MySquard respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. MySquard will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at MySquard’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to MySquard’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which MySquard may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a 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 (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
2501 Good Hope Rd SE
Washington DC 20020
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to MySquard’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
- DISPUTES: You hereby agree to mandatory binding arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MySquard AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding arbitration. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS, OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY INCLUDING WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS, OR PATENTS, YOU AND MySquard AGREE (a) TO WAIVE YOUR AND MySquard’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES RESOLVED IN A COURT, AND (b) TO WAIVE YOUR AND MySquard’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND MySquard AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT). You and MySquard agree that for any arbitration you initiate, you will pay the filing fee (which shall not exceed $250, and if such fee does exceed $250 MySquard shall pay the difference) and MySquard will pay the remaining Judicial Arbitration and Mediation Services (“JAMS”) fees and costs. Suppose you cannot afford to pay for the arbitration. In that case, you agree to provide us with the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. For any arbitration initiated by MySquard, MySquard will pay all JAMS fees and costs.
No class arbitrations, class actions, or representative actions. YOU AND MySquard AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES IS PERSONAL TO YOU AND MySquard AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND MySquard AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND MySquard AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
Federal Arbitration Act. You and MySquard agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § one et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notice of Informal Dispute resolution. You and MySquard agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to MySquard shall be sent by certified mail or courier to 2501 Good Hope Rd SE Washington DC 20020, Attn: Legal Department. Your notice must include (a) your name, postal address, telephone number, the e-mail address you use or used for your MySquard account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (i) our name, postal address, telephone number, and an e-mail address at which we can be contacted with respect to the Dispute, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that we are seeking. If you and MySquard cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or MySquard may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding or, to the extent specifically provided for in this Section 22, file a claim in court.
Process. EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY INCLUDING WITHOUT LIMITATION COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS, OR PATENTS, YOU AND MySquard AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR MySquard WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND MySquard WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and MySquard agree that (a) any arbitration will either occur (i) in person in Washington DC or, if requested in your Dispute notice, in the US county where your permanent residence is located, (ii) by written submissions, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the JAMS, which are hereby incorporated by reference, and (c) that the state or federal courts of Washington DC and the US, respectively, sitting in Washington DC, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in a small claims court.
Authority of an arbitrator. As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in a court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understood the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
Minimum standards for arbitration procedures. Pursuant to certain Minimum Standards for Arbitration Procedures set forth by JAMS and in addition to other applicable standards set forth herein, the following standards apply: (a) If remedies that are otherwise available to you under applicable federal, state, or local laws are not available hereunder, you retain the right to pursue such otherwise unavailable remedies in court; (b) the arbitrator(s) must be neutral, and you shall have a reasonable opportunity to participate in the process of choosing the arbitrator(s); (c) you are hereby encouraged to exercise you right to retain counsel to assist you during arbitration; (d) arbitration hereunder shall allow for the discovery or exchange of non-privileged information relevant to the Dispute; and (e) the arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions upon which the award is based.
Severability. If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers outlined in this Section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Opt-out right. You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing to 2501 Good Hope Rd SE Washington DC 20020, Attn: Legal Department. In order to be effective, the opt-out notice must include your full name and indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 23.
- GOVERNING LAW AND VENUE
This Agreement will be construed in accordance with and governed by the laws of Washington DC, without regard to conflicts of laws principles. You agree that the exclusive venue for resolving any Dispute between MySquard and you including but not limited to any Dispute arising out of or related to this Agreement, shall be the state and federal courts located in Washington DC, and you consent to the jurisdiction of the federal and state courts located in Washington DC. You further acknowledge and agree that many of the witnesses and records that would be relevant to any dispute between the parties are located in Washington DC, and that Washington DC would not be an inconvenient forum for the resolution of any dispute between the parties. You hereby waive any objection to Washington DC as a forum and venue for the hearing of any dispute between MySquard and you.
We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void.
This Agreement, and the documents we reference in this Agreement, is the entire Agreement between MySquard and you regarding the MySquard Service. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only. These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you have any questions regarding this Agreement, MySquard can be reached at: 2501 Good Hope Rd SE Washington DC 20020.