Use of Our Services
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 security and confidentiality of the information you hold for your account, including your ID and 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 us immediately of any unauthorized use of your account, ID or password, or any other breach of security of which you are aware. You may be liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your ID, password or account because you failed 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. If you do use someone else's ID, password or account with such person's permission, you will nonetheless be responsible for any transactions conducted thereby and may be liable for losses incurred by us or others as a result. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Use of Our Content; Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork, computer code and other content (collectively, "Content"), including but not limited to the design, structure, selection, compilation, organization, coordination, expression, "look and feel" and arrangement of such Content, found on or through access and use of our Services is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws.
SquareTrade owns one or more United States patents and patent applications under review that apply to the Site and our services. US Patent Nos. 6,658,394; 7,020,634; 7,092,912; 7,424,457 and patents pending.
SQUARETRADE and other marks indicated on our site are registered trademarks of ours in the United States and other countries. Other SquareTrade marks, graphics, logos, page headers, button icons, and scripts noted on the Services are also our exclusive property. Our 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 us and in connection with any service or product that is not sponsored, endorsed or produced by us. All other trademarks not owned by us 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 us.
Reviews, Comments, Communications, and Other Content
By submitting UGC, 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 the UGC throughout the world in any media, without a need for any attribution to you. You also irrevocably waive any moral rights that you may have in such UGC. By submitting UGC you also represent and warrant that that the UGC is accurate; you own or have permission to use the UGC that you submit; and that use of the UGC will not cause injury to any person or entity.
You are also free to submit your feedback and comments about our websites, blogs or Mobile Application's features, functions and other characteristics (collectively, "Feedback"). Any Feedback will be owned by us, and you hereby assign and transfer to us all right, title and interest in and to such Feedback. To the extent such assignment and transfer are deemed invalid or unenforceable under applicable law, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display the Feedback throughout the world in any media, without a need for any attribution to you.
Purchases; Price Changes; Other Terms and Conditions
Our websites, blogs and the Mobile Application contain features and functions, such as drop-down menus and check boxes, that allow you to order specific Protection Plans for Covered Products, as explained in detail in the Protection Plan Terms and Conditions http://www.squaretrade.com/terms. By indicating your choices and selections (for such matters as the products covered, the type of coverage, the length of the coverage, and the payment plan) using such features and functions, you are agreeing to a binding agreement between you and us with respect to the purchase of the particular Protection Plan you have selected. By entering your credit card, debit card or other electronic payment card information in the spaces indicated, or by scanning such information and uploading it to our websites or to or through our Mobile Application, you are authorizing us to charge your account, on the basis indicated (e.g., on a one-time, monthly or yearly basis), for the Protection Plan you have selected. We may also use a credit card updating service to obtain current expiration dates on credit cards, and you hereby consent to our use of such service. From time to time, we may also notify you of price changes on our websites and on the Mobile Application, and the effective date of such price changes.
By entering and/or uploading your information, including by uploading receipts and other documentation regarding the Protection Plan you have selected or in connection with your claim, you represent and warrant to SquareTrade that the information you have provided is true, accurate and complete.
We may make changes to any portion of our Services, at any time, without notice. The materials on our Services with respect to products and services may be out of date, and we make no commitment to update the materials with respect to such products and services.
Sweepstakes, Contests, and Similar Promotions
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.
We respect 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 email@example.com.
Links to Other Sites
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 our control, and we are not responsible for and do not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
You agree that we may, in our sole discretion and without prior notice, terminate or suspend 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 or service we offer on or through the Site, or (4) unexpected technical issues or problems.
Void Where Prohibited
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.
Some of our services and Content are directed to our international service offerings and, therefore, may contain references or cross references to our services that are not announced in your country. Such references do not imply that we intend to announce or offer such products, programs or services in your country.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND US, ALL CONTENT AND PRODUCTS PROVIDED BY OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR 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 ENSURING THAT OUR SERVICES, CONTENT AND PRODUCTS ARE APPROPRIATE OR OTHERWISE FIT FOR YOUR PURPOSES AND FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE CONTENT AND PRODUCTS OFFERED BY OUR SERVICES MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND US, WE AND OUR SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF WE AND OUR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain federal and 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.
You agree to defend, indemnify, and hold harmless us and our employees, officers, directors, contractors, attorneys, and agents (collectively, "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 Services, our websites, blogs, Mobile Application or any Linked Sites or (ii) resulting from content, including UGC, you supply.
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 conflict of laws provisions.
Accessing and Downloading the Mobile Applications.
The following applies to any Mobile Application accessed through or downloaded from or online store regardless of whether the application runs on iOS, Android or another operating system ("Mobile App Store"):
You acknowledge that the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
In the event of any failure of the Mobile Application that you have downloaded from the Apple App Store 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 us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You and we acknowledge that, as between us 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.
You and we acknowledge that, in the event of any third-party claim that the Mobile Application or your possession and use of that Mobile Application violates that third party's intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.