SquareTrade Legal Notices

1. Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to your use and access of the services, software, applications, and websites provided by SquareTrade, Inc. and its subsidiaries and affiliates (collectively, "Services"). BY USING OUR SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES. SquareTrade reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our Services upon the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SquareTrade grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Services.

2. Use of Our Services

In order to use our Services, you must be a resident of a country in which we operate and be at least 13 years of age. By using the Services offered by SquareTrade, you represent that you (i) are at least 13 years old, (ii) have read, understood, and agree to be bound by these Terms of Use.

3. License

Some of our Services allow you to download mobile applications ("Mobile Applications"). Subject to your compliance with the Terms of Use, we grant you the limited, non-exclusive, non-transferable, non-sublicenseable, and revocable right to download and install one (1) copy of our Mobile Application on your device, and access and use the Services, solely for your own personal and non-commercial use. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store, you will only the Mobile Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. The limited rights granted to you regarding the Mobile Applications are subject to the following restrictions: you may not (a) duplicate, modify, or distribute the Mobile Application, except as otherwise stated herein,  for any purpose; (b) transfer, sublicense, lease, lend, rent, or distribute the Mobile Applications or the Services to others, or otherwise commercially exploit the Mobile Applications or the Services; (c) modify, adapt, reverse-engineer or create derivative works of the Mobile Applications or Services, except where the foregoing restrictions are prohibited by law; (d) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Mobile Applications or the Service, or (e) use the Mobile Application or Services in any unlawful or tortious manner.

4. Accounts, Passwords, and Security

Certain features or products offered on or through our Services may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SquareTrade immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SquareTrade or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. SquareTrade cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. Use of Our Content

ll text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, found on/throughout our Services is owned, controlled or licensed by or to SquareTrade, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of our Services and/or 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, Web site, mobile application or other medium for publication or distribution or for any commercial enterprise, without SquareTrade's express prior written consent.

6. Reviews, Comments, Communications, and Other Content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant SquareTrade a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You also grant SquareTrade the right to contact you regarding its products and services.

7. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of our Services, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of our Services, or for any additional products offered through our Services,, the latter terms shall control with respect to your use of that portion of our Service or the specific service.
SquareTrade's obligations, if any, with regard to its products and Services are governed solely by the agreements pursuant to which they are provided, and nothing therein should be construed to alter such agreements.
SquareTrade may make changes to any portion of our Services, or to the applicable prices for any such products or services, at any time, without notice. The materials on our Services with respect to products and services may be out of date, and SquareTrade makes no commitment to update the materials with respect to such products and services.

8. Messaging

You may receive push notifications, alerts, emails, or other types of messages sent to you via our Services ("Push Messages"). You may opt in or out of these Push Messages via your device's settings or operating system.

9. Patent Information

SquareTrade owns one or more United States patents and patent applications under review that apply to the Site and SquareTrade services. US Seal Patent Nos. 6,658,394; 7,020,634; 7,092,912; 7,424,457 and patents pending.

10. Copyright Information

The Services and the content within our Services are the property of SquareTrade or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with these Services are the exclusive property of SquareTrade. SquareTrade reserves all rights and its content not specifically granted in any agreements with SquareTrade or in the Terms of Use.

11. Copyright Complaints

SquareTrade respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@squaretrade.com

12. Trademark Information

SQUARETRADE and other marks indicated on our site are registered trademarks of SquareTrade in the United States and other countries. Other SquareTrade marks, graphics, logos, page headers, button icons, scripts noted on the Services are SquareTrade's service marks, trademarks and trade dress and are the sole and exclusive property of SquareTrade. SquareTrade's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among consumers, in any manner that disparages or discredits SquareTrade and in connection with any service or product that is not sponsored, endorsed or produced by SquareTrade. All other trademarks not owned by SquareTrade that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SquareTrade.

13. Privacy Statements

SquareTrade is committed to maintaining the privacy of all individuals who access SquareTrade's web site and services. You can view our privacy policy at www.squaretrade.com/privacypolicy.

14. Links to Other Sites and to the SquareTrade Site

These Services may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SquareTrade's control, and SquareTrade is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

15. Violation of These Terms of Use

SquareTrade may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SquareTrade's rights or property, or the rights or property of visitors to or users of tour Services, including SquareTrade's customers. SquareTrade reserves the right at all times to disclose any information that SquareTrade deems necessary to comply with any applicable law, regulation, legal process or governmental request. SquareTrade also may disclose your information when SquareTrade determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that SquareTrade may preserve any transmittal or communication by you with SquareTrade through the Site or any service offered on or through our Services, and may also disclose such data if required to do so by law or SquareTrade determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SquareTrade, its employees, users of or visitors to our Services, and the public.
You agree that SquareTrade may, in its sole discretion and without prior notice, terminate your access to our Services and/or block your future access if SquareTrade determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of our Services You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SquareTrade, for which monetary damages would be inadequate, and you consent to SquareTrade obtaining any injunctive or equitable relief that SquareTrade deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SquareTrade may have at law or in equity.
You agree that SquareTrade may, in its sole discretion and without prior notice, terminate your access to our Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of our Services or any product SquareTrade offered on or through the Site, or (4) unexpected technical issues or problems.
If SquareTrade does take any legal action against you as a result of your violation of these Terms of Use, SquareTrade will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to SquareTrade. You agree that SquareTrade will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

16. Void Where Prohibited

SquareTrade administers and operates all Services from its location in San Francisco, California USA. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SquareTrade reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature or product made on our Services is void where prohibited. If you choose to access any of the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

17. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on our Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SquareTrade with regard to your use of our Services, and any and all other written or oral agreements or understandings previously existing between you and SquareTrade with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SquareTrade, SquareTrade will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SquareTrade's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SquareTrade of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SquareTrade and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
SquareTrade provides access to SquareTrade international data and, therefore, may contain references or cross references to SquareTrade services that are not announced in your country. Such reference does not imply that SquareTrade in your country intends to announce such products, programs or services.

18. Disclaimer

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND SQUARETRADE, ALL CONTENT AND PRODUCTS PROVIDED BY OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SQUARETRADE AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF OUR SERVICES, ITS CONTENT, AND THE PRODUCTS OFFERED BY SQUARETRADE FOR YOUR INTENDED APPLICATION AND USE. SQUARETRADE DOES NOT WARRANT THAT THE CONTENT AND PRODUCTS OFFERED BY OUR SERVICES  MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND SQUARETRADE, SQUARETRADE, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF SQUARETRADE, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you may have additional rights.

19. Indemnity

You agree to defend, indemnify, and hold harmless SquareTrade, employees, officers, directors, contractors, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages of any kind, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use or misuse of the Site or any hyperlinked web site or (ii) resulting from content you supply.

20. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of our Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between SquareTrade and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

21. Contact Information

If you have any questions regarding these Terms of Use, please contact SquareTrade at legal@squaretrade.com, or in writing at 360 3rd Street, 6th Floor, San Francisco, California 94107.

22. Accessing and Downloading the Mobile Applications from iTunes. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that (i) the Terms of Use are concluded between you and SquareTrade only, and not Apple, and (ii) SquareTrade, not Apple, is solely responsible for the Mobile Application and content thereof. Your use of the Mobile Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.

(c) In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application. As between SquareTrade and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SquareTrade.

(d) You and SquareTrade acknowledge that, as between SquareTrade and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile Application or your possession and use of the Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and SquareTrade acknowledge that, in the event of any third-party claim that the Mobile Application or your possession and use of that Mobile Application infringes that third party's intellectual property rights, as between SquareTrade and Apple, SquareTrade, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.

(f) You and SquareTrade acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms of Use as related to your license of the Mobile Application, and that, upon your acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the Mobile Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of the Terms of Use, you must comply with all applicable third-party terms of agreement when using the Mobile Application.

Last updated 7-29-2014
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SQUARETRADE and the SquareTrade logos are trademarks or registered trademarks of SquareTrade, Inc.
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