Last updated: April 16, 2015
We, the people at SquaredFare, want you to benefit from the time you spend using our services. In order to do this we need to lay a few ground rules so that everything can work more smoothly for everyone. And thus was born our Terms of Service.
When you (“you,” or the “User”) use SquaredFare’s services, products, and web site (collectively referred to in this document as the “Services”), you enter into a legal agreement with SquaredFare, LLC. (also referred to as “SquaredFare”). This page details the agreement and explains the terms of that agreement.
Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document (henceforth called the “Terms”), you are bound by this document when using the Services. When using the Services, the Terms form a legally binding agreement between you and SquaredFare. Take time to read them carefully.
SquaredFare maintains the right to change or replace the Terms at any time, at its sole discretion. You are responsible for checking and reviewing the Terms regularly to keep updated to any such changes.
Accepting the Terms
Before using the Services, you must accept the Terms, and you may not use the Services if you do not accept the terms.
There are two ways to accept the Terms:
(1) by accepting the Terms when SquaredFare makes this available to you (i.e. during user registration).
(2) by using the Services in any capacity. When you start using the Services, SquaredFare will assume that you have accepted the Terms. Once you use the Services you are bound by the Terms until you terminate your relationship with SquaredFare.
Please read this Agreement carefully, as it (among other things) requires that you and the SquaredFare arbitrate certain claims instead of going to court and limits class action claims. Please press “Accept” if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at http://portal.squaredfare.com/terms-of-service.
Your acceptance of this Agreement creates a legally binding contract between you and SquaredFare. If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the Services.
Provision of Services by SquaredFare
SquaredFare may change its Services or add new features in the future. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.
You acknowledge and agree that SquaredFare may suspend or discontinue, without prior notice to you and at the sole discretion of SquaredFare, some or all of its Services, making the Services unavailable to you or other users. If SquaredFare deems it necessary to discontinue the services it provides due to the highly unlikely event of the Company’s closure, you will receive at least 7 days notice before your account is closed. You are not required to inform SquaredFare if you stop using the Services, and may stop using the Services at any time.
You acknowledge and agree that if SquaredFare disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.
SquaredFare has not set an upper limit on how many transmissions you may send or receive through the Services or how large the transmissions may be, but you agree that SquaredFare can set these limits at any time, at SquaredFare’s sole discretion.
SquaredFare may remove any Content or user accounts at any time and for any reason at the sole discretion of SquaredFare.
Use of the Services by You
In order to gain access to certain services, you may be required to give SquaredFare information about yourself.
You agree that you will only provide us with information that is accurate, correct, and up to date.
You agree to use the Service only for purposes that are permitted both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions.
You agree to only access (or try to access) and use the Services through interfaces provided by SquaredFare or its partners.
You shall not access (or try to access) and use any of the Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.
You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.
You shall not upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of SquaredFare, its users or is affiliates.
You shall not upload, post, transmit, store, or otherwise make available content that is pornographic or otherwise explicit in nature. SquaredFare reserves the right to remove any and all explicit content at its sole discretion.
You agree not to reproduce, copy, sell, trade, or resell all or any part of the Service for any purpose, including merchandise and hardware sold through the Company.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. SquaredFare has no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that SquaredFare may incur).
You agree to be responsible for keeping your passwords associated with your SquaredFare account secret and secure. SquaredFare may be able to help you retrieve lost passwords, but may not be held responsible or liable if it cannot help locate or reset a lost password.
You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not.
If you become aware of any unauthorized use of your password or account, you agree to notify SquaredFare via email to help@SquaredFare.com as soon as possible. You must be at least 18 years old to be allowed to register and use the Service. If you are not at least 18 years old, you shall not attempt to register.
Use of the Services requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Services.
You hereby acknowledge and agree that Apple, Inc.: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) is a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
Privacy and Personal Information
Content in the Services
You acknowledge and understand that all information (including data files, e-mails, computer software, advertisements, sponsored content and others), which you may have access to when using the Service, are the sole responsibility of the entity from which such content originated. Such information will now be referred to as the “Content.”
You may come across Content when using the Service that may be protected by intellectual property rights owned by entities who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on this Content.
If you come across Content when using the Services that may be infringing a copyright, trademark, or patent claim, you agree to notify us of the potential infringement by emailing help@SquaredFare.com as soon as possible. Further, you agree to abide by the rules and guidelines set forth in SquaredFare’s copyright policy, which can be found here.
SquaredFare reserves the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Content from any Service at any time, at the sole discretion of SquaredFare.
You understand that when using the Service, you are using the Service at your own risk.
You agree that you are solely responsible any Content that you create, transmit or display when using the Service and are responsible for any consequences of such actions.
You acknowledge and agree that SquaredFare is the sole proprietor of all legal rights and titles to the Service, including, but not limited to, any intellectual property rights associated with the Service. This ownership applies whether or not those rights are registered and wherever in the world the rights may exist.
You acknowledge and agree that some or all of the Content may be classified as confidential by SquaredFare and that you shall not disclose such information without expressed, written consent from SquaredFare.
You shall not use any of SquaredFare’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features that are not in accordance with SquaredFare’s press guidelines. Questions regarding press guidelines should be directed to help@SquaredFare.com.
You shall not duplicate, change, create a derivative work of, reverse engineer, decompile, or attempt to obtain the source code of SquaredFare’s software (in whole or in part).
You shall not remove, obscure, or alter any proprietary rights notices that may be found attached to or as a part of some Content.
License from SquaredFare
When abiding by the Terms, SquaredFare allows you to enjoy its basic services free of monetary charge and its premium services at a monthly or annual cost. This opportunity shall be referred to as the “License.” The personal, worldwide, royalty-free, non-exclusive License is for the sole purpose of allowing you to use and benefit from the Service.
You shall not assign your rights (wholly or in part) to use the Service to another. You shall not agree to or allow another entity to have a security interest in or over your rights to use the Service, or otherwise transfer or trade any part of your rights to use the Service as detailed in the Terms.
Content License from You
You will keep most copyright and other rights you may already hold in Content that you submit, post, or otherwise make available via the Service.
SquaredFare maintains the perpetual, irrevocable, worldwide, and non-exclusive right to reproduce, modify, translate, publish, and distribute any Content that you make available via the Service.
You understand that in order for SquaredFare to provide the Service to our users, SquaredFare may transmit your Content over various public networks and in various media and may make changes to your Content to meet the technological requirements of such networks and media.
When you provide information to us you represent and warrant that you have the unfettered right to do so, you have no reason to believe you are violating the rights of any person or any contract or other obligation to which you are subject, and you are not subjecting SquaredFare to any expense or liability.
Ending Your Relationship with SquaredFare
Terms will continue to apply until the user or SquaredFare terminates the relationship as explained below.
To end your legal agreement with SquaredFare, you may send a written request of termination to SquaredFare to help@SquaredFare.com.
SquaredFare may terminate its legal agreement with you under several circumstances:
(1) If you have not adhered to any or all of the provisions in the Terms, or if it appears that you do not intend to or are unable to comply with the Terms. The decision of whether or not you intend to or are unable to comply will be solely at the discretion of SquaredFare.
(2) If SquaredFare is required to by law
(3) If the Service is no longer commercially viable for SquaredFare
When the relationship between the User and SquaredFare ends, all the legal rights, obligations and liabilities enumerated in the Terms shall be unaffected by the cessation.
Service & Limitations of Service
SquaredFare offers different levels of services, and the benefits, requirements, and features are different among the plans. It is your responsibility to educate yourself about how the plans differ before purchasing a membership.
You acknowledge, agree and understand that you use the Service (including downloading Content) at your own risk and that the Service is provided by SquaredFare “as is” and “as available” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
SquaredFare does not guarantee that the Service will meet your requirements or expectations, that your use of the service will be uninterrupted, timely, secure, or free from errors, that information obtained from the Service will be accurate or reliable or that defects in the software of the Service can or will be corrected.
SquaredFare accepts no liability for loss, damage, or inconvenience resulting from third party acceptance or refusal to accept our serivces. SquaredFare does not guarantee the accuracy of processed information.
Any material downloaded or otherwise obtained when using the Service is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access the Service that happens as a result of the obtainment of any such Content.
Information and advice received from SquaredFare, its users, or its Content, whether oral or written, shall not constitute any warranty not expressed in the Terms.
Limitation of Liability
SquaredFare shall not be liable or responsible for any reliance you place on the completeness, accuracy, or existence of advertising or the outcomes of relationships and transactions you may have with advertisers. SquaredFare shall not be liable or responsible for any changes SquaredFare makes to its Service, for any permanent or temporary restrictions or cessations of the Service, or for any harm this may cause you.
SquaredFare shall not be liable or responsible for the deletion of, corruption of, or failure to store any Content or other data used in or maintained by the Service.
SquaredFare shall not be liable or responsible for your failure to provide correct, accurate, and up-to-date account information.
SquaredFare shall not be liable or responsible for your failure to keep your password and account information secure.
THE SERVICES AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SQUAREDFARE, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SQUAREDFARE AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. SQUAREDFARE SHALL HAVE NO LIABILITY ARISING OUT OF THE INABILITY OF SQUAREDFARE TO ACCESS ANY PLATFORM ON YOUR BEHALF.
THE SERVICES MAY INCLUDE ADVERTISEMENTS OR OTHER LINKS THAT ALLOW YOU TO ACCESS WEB SITES OR OTHER ONLINE SERVICES THAT ARE OWNED AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT SQUAREDFARE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT OF SUCH THIRD PARTY SITES AND SERVICES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THEM, OR YOUR USE OF OR INTERACTION WITH THEM.
You agree to indemnify and hold SquaredFare and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Services, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of SquaredFare’s willful misconduct or gross negligence. SquaredFare reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SQUAREDFARE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH SQUAREDFARE, EVEN IF SQUAREDFARE OR A SQUAREDFARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, SQUAREDFARE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SQUAREDFARE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED FIFTY U.S. DOLLARS.
Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding nonappearance-based arbitration initiated through the American Arbitration Association (the “AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1- 800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
You agree that ANY CLAIMS subject to arbitration under this Agreement MUST BE MADE IN YOUR INDIVIDUAL capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
YOU AND SQUAREDFARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Service may include hyperlinks to other web sites, content or other resources. SquaredFare is not responsible for the content or availability of these third-party resources.
SquaredFare does not necessarily endorse any advertising, products or other materials featured, or available on other web sites or resources.
You agree that SquaredFare may send you notices via email, regular mail, or alerts within the Services.
If it is decided in a court of law that one or several of the Terms are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms.
The Terms, and your relationship with SquaredFare under the Terms, shall be governed by the laws of the State of California.
SquaredFare graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of SquaredFare in the U.S. and/or other countries. They may not be used in connection with any product or service that is likely to cause confusion.