SQWEEE TERMS OF SERVICE AGREEMENT
LAST UPDATED: April 7, 2020
ACCEPTANCE OF TERMS
This Terms of Service Agreement (“TOS”) is a legally binding agreement between Sqweee LLC (“us,” “we,” “our,” or “Sqweee”) and any individual that is using or accessing Sqweee (“you”). This TOS governs your use of the websites and tools (“Services”) offered by Sqweee.
This TOS constitutes the entire agreement between you and Sqweee and will govern the use of the Services, superseding any prior version of this TOS. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Sqweee Services, affiliate services, or third-party content or software.
Your use of any and all services associated with Sqweee is conditioned upon your acceptance of, and compliance with, this TOS. It is your responsibility to read the TOS before proceeding to use Sqweee. By accessing or utilizing Sqweee services, you agree to be bound by this TOS and all terms incorporated herein. If you do not expressly agree to all of the terms and conditions, or if you are not legally eligible to be bound by these TOS, do not purchase, use, or access Sqweee.
Sqweee is protected by copyright and other intellectual property laws and treaties. Use of the Services is void where prohibited.
You acknowledge and agree that the Services provided by Sqweee, which include both desktop and mobile versions, are the sole property of Sqweee.
Sqweee will provide its Services in accordance with this TOS. Sqweee may, at its sole discretion and without prior notice, add, modify, or discontinue any and all features of the Services. Sqweee may also add, modify, or remove any terms in this TOS without prior notice. Unless otherwise stipulated, this TOS will apply to any and all new and modified Services. The date on which this TOS was last updated or modified will be posted at the top of the TOS. You are encouraged to review this TOS periodically to ensure you are aware of all terms and policies currently in effect. Should you find that you do not agree to the terms, you must stop using the provided Services immediately.
Use of the Services requires a compatible device with Internet access (high-speed recommended). Your ability to use the Services, and the performance of those Services, may be affected by your hardware, software, and Internet access. You acknowledge and agree that meeting the minimum system requirements, which may occasionally change, is your responsibility.
You acknowledge and agree that the Services offered shall be provided “as is” and “as available” and as such, Sqweee will not assume any responsibility or obligation for the timeliness, missed delivery, and loss of account contents and settings.
LIMITATIONS ON USE OF SERVICES
Regarding the Services offered by Sqweee, you agree that you:
- Will only utilize them for business and personal use.
- Will not reproduce, resell, or distribute them without specific permission from under a separate agreement with Sqweee.
- Will not share your account with other Consultants, or offer or enable any third parties to use the Services purchased by you in any way.
- Will not use the Services in any manner that could damage or disrupt the Services, or the servers, networks, and security systems connected to the Services.
“Content” refers to text, data, photographs, graphics, videos, audio, music, messages, hyperlinks, emails, tags, timelines, surveys, and anything else that is produced, transmitted, or displayed on Sqweee.
You agree not to make use of the Services for the purpose of uploading, posting, displaying, emailing, texting, transmitting, or otherwise making available any Content that:
- May cause harm to others.
- Violates any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission.
- Is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy, or which is hateful and/or racially, ethnically, or otherwise objectionable.
- Is intended to harass another individual, such as by “stalking” them.
- Impersonates any individual or entity, or falsely states or otherwise misrepresents any affiliation with an individual or entity.
- May infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
- Offers any unsolicited or unauthorized communication.
- Offers something that you have no right to offer, or no ability and willingness to fulfill.
- Contains a software virus or other computer code, files, and/or programs that may interfere with, damage, destroy, or limit the operation of any computer software, hardware, or telecommunication equipment.
- Disrupts the normal flow of communication, or otherwise acts in any manner that would negatively affect the ability of other users to use the Services.
Due to the global nature of the Internet, through the use of Sqweee networks and Services, you agree to comply with all local rules relating to online conduct and that which is considered acceptable Content.
Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and other countries. Through the use of Sqweee networks and Services, you agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the Sanctions Control Program of the United States.
Furthermore, you state and pledge that you:
- Are not on the list of prohibited individuals that may be identified on any government export exclusion report nor a member of any other government that may be part of an export-prohibited country identified in applicable export and import laws and regulations.
- Agree not to transfer any software, technology, or other technical data through the use of Sqweee networks and Services to any export-prohibited country.
- Agree not to use Sqweee’s networks and Services for any military, nuclear, missile, chemical, or biological weaponry end-uses that would be a violation of the U.S. export laws.
- Agree not to post, transfer, or upload any software, technology, or other technical data that would be in violation of the U.S. or other applicable export and/or import laws.
TYPES OF SQWEEE USERS
A “Consultant” is an individual who has created a Sqweee account and can use it to build, schedule, and run events on Sqweee (“Sqweeevents”).
A “Guest” is an individual, other than the Consultant, who attends a Sqweeevent. A “Host” is a special type of Guest in whose name the Sqweeevent is held, whose responsibility is generally to invite other Guests, and who then attends the Sqweeevent. Guests may be asked to provide some information about themselves, but do not need to create a Sqweee account or pay money directly to Sqweee.
CONTENT OF CONSULTANT COMMUNICATIONS
Consultants, you agree that:
- You are responsible for the Content created by you, or shared with you and displayed by you, while using the Services. Sqweee does not verify or guarantee the accuracy, integrity, or quality of such Content, and by using the Services, you agree that Sqweee is not responsible in any way for Content.
- You will not use the Services in a manner that violates the law, could give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense.
- You will not use the Services to communicate any message or material that is harassing, threatening, obscene, indecent, libelous, in violation of the rights of any party, or is otherwise unlawful.
- You will not upload or transmit any Content that does or is intended to restrict, disable, damage, destroy, or otherwise adversely affect the performance of the Services in any way.
- You will not upload or transmit any Content that does or is intended to modify, corrupt, or extract information or data from any hardware, software, or networks owned or used by Sqweee or other users of the Services.
Sqweee reserves the right to observe Sqweeevents, to review their Content, and to investigate and take appropriate action against anyone who is suspected of violating this TOS, including, but not limited to, terminating that person’s account and/or reporting that person to law enforcement authorities.
Although Sqweee is not responsible for any Content in violation of this provision, Sqweee may delete any such Content of which it becomes aware, at any time, without notice.
CONTENT OF GUEST COMMUNICATIONS
During your use of the Services, it is possible that the comments and actions of Hosts and Guests may violate parts of this TOS. It is the Consultant’s responsibility to alert those Hosts and Guests of the violation, to remove the violating Content as soon as possible, and to insist that no further violations occur. If the violations continue, it is the Consultant’s responsibility to block that Host or Guest from posting chat messages in the Sqweeevent, or to assume full responsibility for that person’s conduct.
Sqweee assumes no responsibility or liability for any such violations of this TOS. If you become aware of any violation of this TOS in connection with use of the Services by any person, and you are unable to stop and correct the violations, contact Sqweee at firstname.lastname@example.org to report the violation. At its sole discretion, Sqweee may investigate any complaints and take action including, but not limited to, issuing warnings, removing the violating Content, and terminating Consultant accounts.
Sqweee will not be held liable in any way for any Content viewed while using the Services. If you are not happy with the Services, simply cease using the Services.
USE AND STORAGE OF CONTENT
Sqweee may limit the length of time in which it will retain data from past Sqweeevents, including Sqweeevent date, time, title, and description text; Consultant, Host, and Guest information; RSVP and event results; event timelines, specific posts used, and products in those posts; chat logs; products starred; or any other Content.
Sqweee may also limit the quantity of email messages sent, the maximum volume or size of email messages, the maximum disk space allowed to be allocated on Sqweee’s servers on a Consultant’s behalf, and/or the maximum number of times and/or duration that any Consultant may access the Services in a given period of time.
You agree that Sqweee has no responsibility or liability for the removal or loss of any Content or other Sqweeevent data. You acknowledge that Sqweee reserves the right to delete or remove any account that is unpaid, including all Content stored in that account. You also acknowledge that Sqweee is not obligated to remove the Content of unpaid accounts, and may retain said Content indefinitely. Sqweee reserves the right to modify and/or update these general practices and limits at its sole discretion. All of the foregoing is subject to applicable law.
HYPERLINKS TO THIRD-PARTY WEBSITES
Content posted on the Services may contain hyperlinks to websites and/or resources separate from the Services. Sqweee does not endorse content on third-party sites. You acknowledge and agree to not hold Sqweee responsible for:
- The availability of any such external sites or resources.
- Any content, products, advertising, or any other materials on, or available from, such sites or resources.
Guests and Hosts can attend Sqweeevents without an account, and do not need to register for a Sqweee account, provide their credit card or billing information in Sqweee, or pay money directly to Sqweee at any time. Only Consultants need a Sqweee account to receive access to the full range of Services available to them.
To register for a Sqweee account, and to use the Services provided by Sqweee, you must be at least 18 years of age and able to enter into and form a legally binding agreement. In addition, you must be in good standing and not barred from receiving the Services under the laws and statutes of the United States or other applicable jurisdiction.
A “Membership Plan” must be applied to a Sqweee account before the full range of Sqweee Services are provided. The type of Membership Plan applied specifies the amount of time that Services will be provided, and the cost of those Services.
To receive access to the Services as a Consultant, you will be required to register for a Sqweee account and provide a valid credit card that you are authorized to use. For new accounts purchased directly through Sqweee, a Membership Plan with a monthly renewal will automatically be applied to the account, and the first charge will be scheduled to take place in 28 days, at the end of the free trial. If you are a Consultant for a direct sales company that provides an option to purchase Sqweee Services through it, a special Membership Plan may be applied to your Sqweee account that has a different payment schedule that is determined and managed by your direct sales company.
When you register for an account, Sqweee may collect personal information such as your first and last name, email address, country of residence, billing address, credit card details, and the name(s) of the direct sales company or companies you represent. You agree that any information you give Sqweee will be correct, current, and complete. You can edit your account information at any time via your Account Profile page, or by contacting Sqweee Support at email@example.com, and you agree to promptly update your registration and profile information when it changes to ensure its accuracy and completeness.
You may be asked to choose a password, and you are responsible for maintaining its security. You must notify Sqweee immediately if you notice any unauthorized access or use of your account or password, or any other breach of security. Sqweee will not be held liable for any loss and/or damage arising from any failure to comply with this term.
You are the sole authorized user of your account. Sharing a Sqweee account is a violation of this TOS.
MEMBERSHIP BILLING AND CANCELLATION
Every active Sqweee account requires a Membership Plan, which can be selected and purchased by Consultants directly through Sqweee on a month-to-month term, or as an annual term at a discounted rate. Membership Plans can be changed or cancelled at any time, and the change will take effect when the current Membership Plan is next up for renewal.
Membership Plans are recurring. When a Membership Plan is up for renewal, and your account has an active (un-cancelled) Membership Plan at that time, you agree that Sqweee may charge your credit card the total amount due for the Membership Plan without additional notice.
If Sqweee’s attempt to charge your credit card is unsuccessful, Sqweee will automatically attempt the charge up to three more times. If the fourth attempt is unsuccessful, your Membership Plan will be automatically cancelled, and no more attempts will be made. Sqweee Services will be denied from your account until a new Membership Plan is reapplied to your account and Sqweee is successful in charging your credit card for it.
If you choose to cancel your Membership Plan, there are multiple ways to do so. For immediate results, click or tap the Change Membership Plan button on your Account Profile page, and then select Cancel Membership and confirm the cancellation. If the display in the Membership Plan box does not update immediately, please wait 30 minutes and refresh or revisit the page. You can also request Sqweee to cancel your Membership Plan by submitting a ticket via the Support button while logged into your account, or via the Contact Us form at the bottom of the Sqweee home page, or by emailing Sqweee Support at firstname.lastname@example.org, but be sure to submit the request at least two (2) business days before the renewal date.
If you cancel your Membership Plan, your future charges will be cancelled, and you will not be billed for any additional Services. You will be able to continue to use the Services until the full term of your last purchased Membership Plan has ended and comes up for renewal, and then your account will become inactive. Upon cancelling your Membership Plan, you agree that you will not receive a refund for any Services already paid for, regardless of how much you used them. You must cancel your Membership Plan before it renews in order to avoid a charge to your credit card.
If your direct sales company is collecting the fees for your Sqweee Services on behalf of Sqweee, your company’s subscription and billing terms may be different than the terms in this TOS. Your company’s terms supersede and take precedence over this TOS. You agree to address any questions and disputes about your company’s subscription and billing terms to your company’s support department. You will need to cancel your Sqweee Services through your company, not on Sqweee’s Account Profile page.
Sqweee may change Membership Plan prices at any time, but any changes will be announced no less than fourteen (14) days before your Membership Plan is renewed, and you can cancel the renewal if you do not want to pay the new price.
You agree that Sqweee may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your Membership Plan, and your access to any of the Services, for causes that include, but are not limited to:
- Requests from law enforcement or any other governmental agencies.
- The discontinuance, alteration, and/or material modification to the Services, or any part thereof.
- Unexpected technical or security issues.
- Any extended periods of inactivity.
- Engagement by you in any fraudulent or illegal activities.
- The nonpayment of any associated fees that may be owed by you in connection with your Membership Plan.
- Infringement, misappropriation, or violation of any person’s intellectual property or other rights.
Upon termination of Services, Sqweee has the right to delete any and all information that you have provided and Content that you have created or uploaded to Sqweee subject to applicable law.
The terms in this TOS survive the termination of your Membership Plan.
When a Consultant has created a new Sqweee account and paid for the first term of a Membership Plan as a result of your referral, you will receive a referral credit. You can see your referral credits on your Account Profile page, and can redeem three (3) referral credits for one (1) month of free use of Sqweee Services. Free months are added to the end of your current Membership Plan. If you are on a free trial, free months will be added to the end of your free trial.
A unique referral code is assigned to every Consultant to ensure that referral credits are properly credited. It can be found in the Referrals section of their Account Profile page. Referral codes should be communicated by the referring Consultant to the new Consultant, who can enter the code in the Referrals section of their Account Profile page. Each Consultant may only redeem one (1) referral code per account.
The new Consultant who enters a valid referral code will receive a $5 discount that will be applied to the next payment. If the referral code is entered during the new Consultant’s free trial period, it will be applied to the first payment.
You acknowledge and agree that referral credits hold no inherent cash value and may not be redeemed for cash or a refund on Membership Plan fees already paid.
In certain cases, referral credits and discounts may differ from Sqweee’s standard referral program. If your direct sales company is collecting your Membership Plan fees on behalf of Sqweee, you may not be able to participate in Sqweee’s referral program.
Sqweee’s Services, and any essential software that may be used in connection with the Services, contain proprietary material that is protected by applicable intellectual property rights and other laws.
Sqweee grants you a non-transferable, non-exclusive license to utilize the Services. You, or a third party through you, may not duplicate, plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code of the Services. Further, you agree to not modify or change the Services in any manner, nature, or form, and as such, to not use any modified versions. Last, you agree to not access or attempt to access the Services through any means other than through the interface that is provided by Sqweee for use in accessing the Services.
You acknowledge and agree that all Sqweee trademarks, trade names, service marks, copyrights, and other Sqweee logos and brand features are and will remain the property of Sqweee. You agree not to display and/or use in any manner the Sqweee logo or marks without obtaining prior written consent from Sqweee.
COPYRIGHT AND INTELLECTUAL PROPERTY
Any Content that may be presented by and through the Services is protected by copyrights, trademarks, patents, or other proprietary rights and laws. You may not post, modify, distribute, or reproduce copyrighted material, trademarks, or other proprietary rights without obtaining the consent of the owner of such proprietary rights.
If you feel that your, or anyone else’s, Content has been duplicated or used in such a way that would constitute copyright infringement, or if you believe that your, or anyone else’s, intellectual property rights have been violated in any other way, you should provide the following information to Sqweee:
Written notification must be submitted by email or mail to the following Designated Agent:
- Name of agent designated to receive notification of claimed infringement:
- Full address of Designated Agent to which notification should be sent:
1919 SW Pine Rd
Port Orchard, WA 98367
- Telephone number of Designated Agent:
- Email address of Designated Agent:
In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the notification of claimed infringement must include the following:
- An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
- Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
- A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this website where it is lawfully posted;
- A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
- Your name, address, telephone number, and email address;
- 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Sqweee will not lay claim to ownership of any Content submitted by any visitor, member, or user through the Services. Therefore, you grant and allow for Sqweee a worldwide, royalty-free, non-exclusive license to permit Sqweee to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display the Content submitted or made available for inclusion on the publicly accessible areas of Sqweee’s website or Services.
FEEDBACK CONTRIBUTED TO SQWEEE
Sqweee encourages you to contribute feedback. When you submit ideas, opinions, suggestions, documents, and/or proposals to Sqweee, you acknowledge and agree that:
- They do not contain any type of confidential or proprietary information.
- Sqweee will not be liable or under any obligation to ensure or maintain their confidentiality.
- They automatically become the sole property of Sqweee.
- Sqweee is entitled to make use of and/or disclose them in any manner.
- Sqweee is under no obligation to provide any form of reimbursement for them.
You can submit feedback to email@example.com.
You acknowledge that any use of the Services in violation of the terms of this TOS, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Services, may cause irreparable injury to Sqweee and its affiliates.
Under such circumstances Sqweee and its affiliates will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
We proudly rely on Microsoft to safely store and handle your information on its Azure cloud servers.
Sqweee and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind, whether expressed or implied, including, but not limited to:
- Fitness for a particular purpose
- Uninterrupted, timely, secure, or error-free Services
- The accuracy, reliability, and quality of any products, services, information, or other material that may be presented or displayed in Sqweeevents
You acknowledge and agree that the use of Sqweee’s website, network, software, and Services is provided on an “as is” and “as available” basis. Any information or material downloaded or otherwise obtained by way of Sqweeevents or Services will be accessed at your sole discretion and sole risk, and as such you will be solely responsible for any loss or damage that may result from the accessing of that information or material.
No advice and/or information, whether written or oral, that may be obtained by you or anyone else from Sqweee or by way of the Services will create any warranty not expressly stated in this TOS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT SQWEEE AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, LICENSORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS, AND ANY OTHER AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, EVEN THOUGH SQWEEE MAY HAVE BEEN ADVISED OF THE POSSIBILITY THAT SAID DAMAGES MAY OCCUR INCLUDING, WITHOUT LIMITATION, AS A RESULT FROM:
- THE USE OR INABILITY TO USE THE SERVICES
- THE TIMELINESS OR LACK OF TECHNICAL OR OTHER SUPPORT FOR THE SERVICES
- THE COST OF PROCURING SUBSTITUTE SERVICES
- THE CONTENTS AND MATERIALS PRESENTED ON THE SERVICES
- STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES
- UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS AND DATA ON THE SERVICES
- THE HANDLING AND ALTERATION OF YOUR TRANSMISSIONS AND DATA ON THE SERVICES
- GIVEAWAYS, DISCOUNTS, CONTESTS, AND ANYTHING ELSE OFFERED OR PROMISED ON THE SERVICES
- ANY OTHER MATTER THAT MAY BE RELATED TO THE SERVICES
THE MAXIMUM CUMULATIVE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY CLAIMS ARISING OUT OF, OR RELATED TO, THIS TOS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES THAT GIVE RISE TO SUCH CLAIMS.
In the event you have a dispute, you agree to release Sqweee and its subsidiaries, officers, directors, partners, licensors, employees, consultants, agents, suppliers, and any other affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for damages. Therefore, some of the above limitations of liability and disclaimed warranties may not apply to you.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Sqweee with regard to this TOS that the relationship between the parties shall be governed by the laws of the State of Washington, U.S.A., without regard to its conflict of law provisions, and that any and all claims, causes of action, and/or disputes arising out of, or relating to, this TOS, or the relationship between you and Sqweee, will be filed within the courts having jurisdiction within Kitsap County, Washington, or the U.S. District Court located in said state. You and Sqweee agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Sqweee fail to exercise or enforce any rights or provision of this TOS, such failure will not constitute a waiver or forfeiture of such rights or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to achieve, as nearly as possible, the same economic effect of the original provision. Meanwhile, the other provisions of this TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge and agree that your account is non-transferable and any rights to the Content within your account will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content therein may be permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge and agree that regardless of any statute or law to the contrary, any claim or action arising out of, or related to, the use of the Services or this TOS must be filed within one (1) year after the cause of action first occurred or shall be forever barred.
Please report any and all violations of this TOS by email at firstname.lastname@example.org, or by mail at Sqweee Legal Department, 1919 SW Pine Rd, Port Orchard, WA 98367.