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Privacy Policy Close

Privacy Policy

Last Updated: February 25th, 2013

SquaredOut, Inc. ("SquaredOut") is committed to protecting the privacy of our customers' personal information. This statement applies with respect to the information that we collect from the SQUAREDOUT website, located at squaredout.com ("Website") and the services provided by us through the Website, any mobile software application (including tablet applications) we make available from the Website or via any third party platform ("Software"), as well as all related web sites, networks, embeddable widgets, downloadable software and other services provided by us (collectively, together with the Website and Software, the "Service"). This policy is incorporated into our Terms & Conditions located at www.SquaredOut.com/static/Terms.

Information Collected
When you visit the Website, we automatically collect information such as your IP address, cookie information, browser type, system type, the content and pages that you access on the Site, the dates and times you access the Site, and the "referring URL" (i.e., the page from which you navigated to the Website). Similarly, when you use the Services from a mobile device, we automatically collect a variety of information about your mobile device and your use of the Services, such as your IP address, Device ID (as defined below), device type and operating system, browser type, as well as the dates and times you access or use the Services, and actions you engage in using the. This information is gathered for all users. You may also permit us to collect information regarding your location when using the Service.

We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as "web beacons"). If we link or associate any information gathered through passive means with personal information, we treat the combined information as personal information under this policy. Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.

We may also collect device information that uniquely identifies individual mobile devices ("Device ID") using the Services. We use the Device ID to authenticate a user session and for other purposes described in the "Use of Information" section below in this policy. This Device ID functions similarly to a persistent cookie to make it possible to authenticate a user without the need for a password. You can disassociate a Device ID from a user account at any time by emailing us at [email protected]. If you dissociate a Device ID from a user account, you may no longer be able to use certain features of the Services.

We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by, for example, filling out a survey or registration form. The types of information that may be requested include your name, address, e-mail address, and telephone number.

Use of Information
In general, we will only use the information you provide to us for the purpose for which such information was provided. We may also use this information to deliver to you information about SquaredOut and promotional material from some of our partners, or to conduct trend analysis, pattern detection, and Website administration. Your information may also be used to contact you when necessary and may be shared with other companies that may want to contact you with offers consistent with your stated preferences. Users may opt-out of receiving future mailings from SquaredOut and other entities by following the instructions set forth in the opt-out section below.

Non-personal demographic and profile data is used to tailor your experience of the Services, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.

We use your IP Address to help diagnose problems with our server, and to administer our Website.

When you view our Website, we may store some information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information stored on your hard drive, not on our Website. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a Website as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection.

Disclosure of Personal and Other Information
We may provide personal information to our subsidiaries, affiliated companies and other trusted businesses or persons for the purpose of providing the Services (e.g., payment processing and transmission of communications) and for our other purposes described in this policy. We limit the personal information shared with these third parties to that which is necessary to carry out those functions and require that our partners respect and comply with applicable law as a condition of doing business with them. Except as described in this policy or otherwise specifically disclosed to you at the point of collection, we will not provide your personal information to third parties for their marketing purposes. We may share personal information and other information with third parties (including regulatory or law enforcement authorities) in order to carry out a user's request or if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.

If you post any information to a public area of the Services, please be aware that it is no longer "personal information" for the purposes of this policy, and we or anyone else may use such information without restriction. If you provide access to personal or other information to a limited set of other users through any of our privacy controls or other settings, please understand that SquaredOut has no control over how others may collect, use or disclose such information.

Security
Our Website has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security," we will take all reasonable steps to protect your personal information.

Third-Party Connected Services
We may from time to time permit users with accounts on certain third-party services such as Facebook ("Third-Party Connected Services") to log in to such third-party services through our Services, and may offer you the ability to connect our Services to Third-Party Connected Services. If you connect to any of our Services through a Third-Party Connected Service, you may be able to send alerts, comments, and messages on such third-party services, and may publish some of your activities on our Services to the third-party service. In any request for authorization to connect, we may ask you for additional rights or permissions with respect to Third-Party Connected Services and information - including personal information - that we obtain from them.

Any personal information you provide on or to any Third-Party Connected Service is provided directly to such Third-Party Connected Service and is subject to that third party's policies governing privacy and security. We are not responsible for the sharing, posting, commenting, or other content and information-gathering practices on any Third-Party Connected Services. Please review their terms of service and privacy policies carefully before using any Third-Party Connected Services and connecting to our Services.

By connecting to any Third-Party Connected Services in connection with our Services, you permit us to access and use all information related to your account on the Third-Party Connected Service that may be accessible to us through the Third-Party Connected Service pursuant to this policy. For example, if you permit us to connect to your Facebook profile, we may collect information from your Facebook profile such as your name, email, gender, birthday, current city, profile picture URL, list of friends, and a device token that uniquely identifies your mobile device. To limit or control the information that is available to us through any such Third-Party Connected Service, or to disconnect any Third-Party Connected Service from our Services, you should check (and, if applicable, modify) the applicable settings on the Third-Party Connected Service.

Other Websites; Links
The Services may contain links to other websites, products, or services that we do not own or operate. If you choose to visit or use any third-party products or services, please be aware that this policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. We are not responsible for the privacy practices of these third-party websites and services. We encourage you to carefully review the privacy policies applicable to any website or service you visit other than the Services before providing any personal information on them.

Business transfers
Information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of company assets, as well as in the unlikely event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of our business assets.

International visitors and customerss
The Services are hosted in the United States, and we provide the Services from the United States. If you use our Services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. The United States and other regions to which we may transfer your data do not have the same data protection laws as the European Union and some other regions. By providing your personal information, you consent to the transfer of your personal data to the United States and to other world regions and the use of your personal information in accordance with this policy.

Choice; Opt Out
You may opt-out of receiving communications from our partners, and from us, by sending an e-mail to [email protected]

Our Commitment to Children's Privacy
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain personal information from persons under 13 years of age on the Services, and no part of the Services is directed to persons under 13. If we learn that personal information of children under the age of 13 has been collected on the Services without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account for any of the Services or otherwise provided personal information to us, then you may alert us at [email protected] and request that we delete that child's personal information from our systems.

California Privacy Rights
Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

California Privacy Rights Notice
SquaredOut, Inc.
Re: California Privacy Rights Notice
2900 Bristol Suite J203
Costa Mesa, CA 92626
*Please allow 30 days for a response.

Changes and Updates to this Policy
We may occasionally update this policy. When we do, we will also revise the "last updated" date at the beginning of the policy. Your continued use of the Services after a revised policy has become effective indicates that you have read, understood and agreed to the then-current version of the policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your personal information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any personal information that we collected from you prior to the date the change becomes effective. For example, we may send a message to your email address, if we have one on file, message you through the Services, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Material changes to this policy will be effective upon the earlier of (i) your first use of any of the Services with actual knowledge of such change, or (ii) 30 days from providing you notice of such change as described in this section. We encourage you to periodically review this policy to stay informed about how we collect, use, and disclose information.

Terms & Conditions Close

Terms & Conditions

Last Updated: February 25th, 2013

SquaredOut, Inc. ("SquaredOut," "we," "us" or "our") provides the content and services available on the website located at squaredout.com (the "Website"), any mobile software application (including tablet applications) we make available from the Website or via any third party platform ("Software"), as well as all related web sites, networks, embeddable widgets, downloadable software and other services provided by us (collectively, together with the Website and Software, the "Service") subject to the terms and conditions of use set forth below (this "Agreement"), the Privacy Policy and any other terms and conditions which may exist otherwise on the Website or in relation to promotions, contests or sweepstakes conducted on the Website (the "Terms").

Acceptance of Terms
You acknowledge that you have read the Terms and that you accept the terms thereof. YOU AGREE TO READ THE TERMS CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to the Terms, you may not access or otherwise use the Website.

Modification of Services
The Service may change from time to time without prior notice to you. Additionally, we may cease providing the Services to you or to users generally and may not be able to provide you with prior notice. We may, in our sole discretion, create limits on use and storage at any time without prior notice to you.

Registration
By registering for any of the Services or maintaining an account with SquaredOut, you agree that you are at least 18 years of age or, if you are a minor, you have the consent of your parent of guardian. You agree to provide true and complete information about yourself (the "Registration Data") and you agree to promptly update the Registration Data to keep it current and complete. may, in our sole discretion, suspend or terminate your account and refuse to offer you any and all current or future use of the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, you must immediately notify us. You acknowledge and agree that we may maintain user information and may also disclose user information if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SquaredOut, its users, or the public.

In addition, in order to use the Service, you may be required by the third party who is distributing or providing you access to the Software (e.g., Apple, Inc.) (each third party distributor of Software, a "Distributor") to create an account. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. SquaredOut is not responsible for any act or omission of any Distributor.

Fees
When you register for, or upgrade to, a fee-based account, we will charge you or your company or organization (if you are an account administrator acting on behalf of other members of your company or organization) subscription fees for use of the Services. You agree to pay all fees charged for the Services or such features purchased under your account at the then-current rate for use of the Services or such features (including any applicable taxes). We reserve the right to change our fees at any time by providing you prior notice via the Services, on the Website or otherwise. If we notify you of new fees or if we change the fees for an existing feature, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable feature following the time period stated in the notice.

Billing
By signing up for a monthly subscription service, you authorize us or our agent to bill your credit card the applicable monthly subscription fee, any and all applicable taxes, and any other charges you may incur in connection with your use of the Services. The applicable monthly subscription fees will be charged to your credit card on the date you register for a particular subscription and each month thereafter, on the calendar day corresponding to the commencement of your subscription. If your subscription begins on the 31st of any month, we will charge your credit card on the first day of each subsequent month. If your subscription begins on the 29th or 30th of any month, we will charge your credit card on the 28th day of each subsequent month. Other fees will be charged to your credit card as you incur them.

You agree to provide us updated information about your credit card when the earlier information is no longer valid or upon our request. If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment, and to determine whether your credit card is pre-authorized to accept a minimum charge equal to the monthly subscription fee.

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account details page. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

Cancellation and Renewal; No Refunds
You, or your account administrator on your behalf, may cancel your subscription or other access to the Services at any time by contacting our customer service by e-mail at [email protected]. We will terminate your account within a reasonable amount of time of receipt of your cancellation request. IF YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE SUBSCRIPTION TERM, YOUR CREDIT CARD WILL BE CHARGED FOR THE FULL, NON-DISCOUNTED FEES AND CHARGES FOR THE ENTIRE TERM OF YOUR SUBSCRIPTION. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL TERM. You must cancel your subscription before the end of the term to avoid charges for the renewal term. If we terminate your subscription for convenience, we will provide a pro rata refund of pre-paid subscription fees.

IF YOU BELIEVE THAT WE HAVE CHARGED YOU IN ERROR FOR ANY SERVICE, YOU MUST CONTACT OUR CUSTOMER SUPPORT WITHIN 90 DAYS OF THE CHARGE. WE WILL NOT REFUND ANY CHARGES AFTER MORE THAN 90 DAYS.

User Content
The Services may allow you and other third parties to post calendar and event data, biographical information, geographical information, text, statements, reviews, comments, photographs, pictures, logos and other materials and information that will be accessible by visitors to the Website and the Services ("Public Content"). The Services may also allow you to post calendar and event data, biographical information, geographical information, text, statements, reviews, comments, photographs, and other materials and information that will be accessible only to you and other members specifically designated by you ("Private Content"). Public Content and Private Content may be referred to collectively as "Content." All Content, whether publicly posted on or privately transmitted via the Services is the sole responsibility of the person from whom the Content originated and not of SquaredOut, or its shareholders, directors, officers, contractors, agents or employees. Under no circumstances will SquaredOut or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on Content obtained through the Website. Although User Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any User Content.

By posting, uploading, inputting, providing or submitting Content on the Services, you represent and warrant that you own or otherwise control the rights necessary for you to post, upload, input, provide or submit the Content on the Services.

Additionally, by posting, uploading, inputting, providing or submitting Public Content on the Services, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, fully paid up, royalty free, transferable license (with right to sublicense) to reproduce, distribute, display, prepare derivative works of, perform or otherwise use your Public Content in connection with the Services and our business.

Accuracy of Advice
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

Intellectual Property Rights
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All information and content contained on the Services, including but not limited to trademarks, graphics, images, and logos are protected by US and international intellectual property laws, and are owned or controlled by us or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Services. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from us or the copyright holder identified in the individual content's copyright notice. Use of trademarks for commercial purposes without authorization from us is strictly prohibited.

Changes to Website
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature of the Services, database, or content. We may also impose limits on certain features and services or restrict your access to parts of the Services (or the Services in their entirety) without notice or liability.

Limited Use License
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Services. This limited license does not include the right to: (a) frame or enclose the Services or any portion thereof; (b) republish, distribute, or license the Services or any content thereon; or (c) create any derivative works based upon either the Services or any content thereon. This limited license may be terminated immediately upon any unauthorized use by you of the Services or any and all of our content.

Sweepstakes; Contests; Promotions
We may promote, via the Services, sweepstakes, contests or other types of promotions that will be governed by special rules in addition to this Agreement. Your participation in such promotions constitutes acceptance of all applicable terms.

Prohibited Conduct
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, or distribute, or otherwise publish through the Services any materials which (i) restrict or inhibit any other user from using and enjoying the Services, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind (i.e. Spam), or (vii) constitute or contain false or misleading indications of origin or statements of fact; (b) you will not permit any minor, or anyone who would find the Content offensive, to view the Content; and (c) you will not use or access the Services in any jurisdiction in which doing so would be unlawful.

Third Party Links
The Services may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Services. Links to and from the Services to other third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third-party sites linked to the Services, you do so entirely at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that we are not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Special Terms Regarding Apple

If you download the Software from Apple, Inc.'s App Store, your use of the Software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service. You acknowledge that these Terms are entered into solely between you and SquaredOut. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:

if any third party claims that your possession or use of the Software infringes a third party's intellectual property rights, SquaredOut is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

Apple has no responsibility for addressing any claims relating to the Software, including but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and

Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

If you believe that specific content on the Services infringes upon your copyrighted materials, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the allegedly infringing material is located on the Services, including the URLs of the particular web pages; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the use on the Services is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send the foregoing to SquaredOut's Designated Agent for copyright claims can be contacted as follows:

SQUAREDOUT DMCA NOTICE

2900 Bristol, Suite J203
Costa Mesa, CA 92626

Disclaimer of Warranties
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SQUAREDOUT AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. FURTHER, SQUAREDOUT AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SQUAREDOUT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SQUAREDOUT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF THE WEBSITE AND ANY ERRORS CONTAINED THEREIN.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUAREDOUT AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF THE SERVICES OR THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SQUAREDOUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Your Content
By posting Content, including, but not limited to transmitting messages, uploading files, inputting data or engaging in any other form of communication, to the Website, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Content, in all media now known or hereafter developed. You hereby waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content.

Idea Submissions
We do not accept unsolicited suggestions or ideas. However, any materials, including comments, suggestions, ideas or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Services in accordance with this Agreement) (collectively "Feedback"), are non-confidential and you hereby grant to us a perpetual and irrevocable license to use your Feedback in any manner and for any purpose without compensation or attribution to you.

Term and Termination
This Agreement remains in effect unless you terminate your subscription or your account, or unless we terminate your subscription or your account as provided under this Agreement. You, or your account administrator on your behalf, may cancel your subscription or other access to the Services, and terminate this Agreement, at any time by contacting customer service by e-mail at [email protected]. We will terminate your account within a reasonable amount of time of receipt of your cancellation request. Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Services or this Agreement. We may suspend or terminate your subscription or your account at any time for any reason or for no reason by providing you with notice in any reasonable manner, including via email and via notices posted on the applicable Service. Your rights under this Agreement and the Terms will terminate automatically if you breach any part of this Agreement or the Terms.

Indemnification
You hereby agree to indemnify, defend and hold SquaredOut, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. SquaredOut reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SquaredOut.

Release
In the event that you have a dispute with one or more users of the Services, you hereby release SquaredOut and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Force Majeure
We will not be liable to you for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to circumstances beyond our reasonable control.

Updates to this Agreement
We may occasionally update this Agreement. When we do, we will revise the "last updated" date on this Agreement. You should check this Agreement on the Website at www.SquaredOut.com/static/Terms frequently to see recent changes. By continuing to use the Services after an update to this Agreement, you consent to that update to this Agreement for your continued use, except that for any material amendment to this Agreement, that material amendment will become effective 30 days after the amended Agreement is initially posted on the Website.

Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE.

Notice to California Residents
We provide the following notice to residents of California pursuant to Cal. Civil Code § 1789.3: (a) SquaredOut is located at 2900 Bristol, Suite J203, Costa Mesa CA 992626; (b) the fees and charges for the Services vary depending on the services selected by you; and (c) if you have a complaint regarding the Services or desire further information on use of the Services, please contact us by email at [email protected] may also be directed to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Entire Agreement
This Agreement constitutes the entire agreement between SquaredOut and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.