The following Terms and Conditions (“Terms”) between you (“you” or “your”) and Square Signs, Inc. (“we,” “our,” “us,” “SS”, or “Square Signs”) describes the terms and conditions on which you may access and use the Square Signs website located at www.squaresigns.com (the “Site”), and related services including SS Product sale services, together with the Site and SS Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Square Signs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. OR CANADIAN RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Square Signs, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. We may update the Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Square Signs’ express prior written consent.
Square Signs offers 1 business day production time for all orders placed before 5PM EST. Exceptions for this production time include: unusually large orders, floor decals, and any special products not listed on SquareSigns.com. Square Signs uses FedEx for all of our shipping and use standard shipping. You have the option of paying a little extra for faster delivery. All estimated arrival dates for your order will be provided checkout. The shipping time begins after we print, package and deliver your order to the shipping carrier.
Square Signs provides shipping around US and Canada, however prices to Canada may vary. You may be charged additional duty fee or taxes for shipping to Canada, which we are not obligated to cover.
By sending us any feedback, suggestions, ideas, notes, concepts and other information (collectively, “Submissions”) you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Submissions, and you waive all moral rights in the Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Submissions do not contain any confidential or proprietary information of any third party and that Square Signs may use your Submissions without restriction or obligation to you or any third party.
By submitting an order for a personalized product and upon our completion thereof, we reserve the right to use the personalized product for promotional uses as Square Signs deems fit. If you do not wish to allow us to use your personalized product for such uses, you must request so in writing to Square Signs, Inc., [address].
1. Termination by You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that your content may continue to exist and be used on or through the Service even after such deactivation.
1. Termination by Square Signs
Any violation of these Terms, including any of the prohibitions in Section 2, may result in suspension or termination of your access to the Services. Square Signs may also terminate your account if we determine that your conduct poses a risk or liability to Square Signs, or for any other reason as determined by Square Signs in our sole discretion.
1. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: Section 2 and Sections 18-20.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL SQUARE SIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SQUARE SIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE SOLE REMEDY FOR ANY DELAYS IN SHIPMENT, RECEIPT OF INCORRECT PRODUCTS, OR ANY INABILITY OF YOUR USE OF THE PRODUCT SHALL BE REPLACEMENT OF THE PRODUCT.
This Site and any information or content on this Site are provided “AS IS” with all faults. Square Signs makes no representations or warranties of any kind, whether express or implied, with respect to this Site or content or information available on or through this Site except as provided herein. Except as otherwise provided under applicable laws, neither Square Signs nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Site or any other Site linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Site is notified in advance of the potential for any such damages.
This Section 19 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt-out procedure described below.
1. Informal Process First
You agree that in the event of any dispute between you and Square Signs, you will first contact Square Signs and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You agree to not enlist the involvement of charge referrals or charge-backs with credit card issuers. You agree to indemnify us for any and all charges we may suffer by your involving of these third parties.
1. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Square Signs’ Services and/or Products, or relating in any way to Square Signs’ communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Square Signs. However, this arbitration agreement does not (i) govern any Claim by Square Signs for infringement of its intellectual property or access to the Services which is unauthorized or exceeds authorization granted in these Terms or (ii) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Square Signs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Square Signs, Inc., [address]. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 19(C) below.
If you do not want to arbitrate disputes with Square Signs and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access the Site or the date you receive any Services.
1. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive 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. If for any reason a claim proceeds in court rather than in arbitration, you and Square Signs each waive any right to a jury trial.
1. Jurisdictional Issues
Square Signs makes no representation that the Services are appropriate or available for use outside the United States and/or Canada. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Square Signs intends to announce or make available such products or services to the general public, or in your country. Contact Square Signs at email@example.com to determine which products and services may be available to you.
1. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Square Signs content, or any part thereof, in any way, in violation of United States law.
1. Governing Law and Venue
These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in the State of California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum nonconveniens.
1. Entire Agreement
These Terms are the entire agreement between you and Square Signs relating to the subject matter herein and shall not be modified except by Square Signs in accordance with these Terms, or as otherwise agreed in writing by you and Square Signs. No employee, agent or other representative of Square Signs has any authority to bind Square Signs with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
1. Severability and Waiver
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Square Signs may assign these Terms at any time without notice to you.
1. Force Majeure
Square Signs will not be liable for or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Square Signs’ reasonable control.
You acknowledge that you have carefully read and understood all of the provisions of the foregoing Terms and understand that you have the right to seek independent advice, at your own expense, or to propose modifications prior to agreeing to the Terms. You further represent and warrant that you have accepted these Terms voluntarily and after consulting with whomsoever you wish.