Terms of Service
Last updated: November 1, 2021
Please read the following Terms and Conditions carefully before using our services.
The terms used in this Terms and Conditions are as defined below. The definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for users to access Company Services.
“Country” refers to the United States
“Company” (referred to as either “the Company”, “we”, “us” or “our” in this Agreement) refers to StreamerSquare, LLC, 170 S Lincoln St Ste 100, Spokane, WA 99201-4443.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by the User, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Dispute” means any controversy related to these Terms, including without limitation, claims arising out of or relating to any aspect of the relationship between you and the Company, claims that arose before these Terms, and claims that may arise after the termination of these Term; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Feedback” means feedback, innovations or suggestions sent by Users regarding the attributes, performance or features of our Service.
“Products” refers to the items offered for sale and/or use on the Service.
“Intellectual Property Rights” means any and all right, title, and interest of every kind whatsoever, whether now known or unknown, registrable or otherwise, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Order” mean a request to access and/or purchase Products from us.
“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
“Service” refers to the Websites (as defined below).
“Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company.
“Terms and Conditions” (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between Users and the Company regarding the use of the Service.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“User” (also referred to as “you” and “your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Ownership and Limited License
The Services are owned or licensed by Company and are protected by Intellectual Property Rights and other proprietary rights laws. Company reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of the Company.
Subject to your agreement and continuing compliance with these Terms and any other relevant Company policies, Company grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment and informational purposes. You agree that you will not use the Services for any other purpose.
Any use of the Services in violation of the law, these Terms, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Company’s sole judgment or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
- Partake in any activity or action that Company deems to be against the spirit or intent of the Services;
- Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services;
- Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
- Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
- Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Company itself or Company Affiliates;
- Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Company;
- Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
- Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, or Company;
- Use of access services to obtain, generate, or infer any business information about Company or Company Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
- Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, or errors, except for the sole purpose of privately and directly notifying Company;
- Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Company employees;
- Attempt to gain unauthorized access to Services; and
- Use the Services where it is prohibited by law.
By accessing the Products, you warrant that you are legally capable of entering into binding contracts.
If you access the Products, you may be asked to supply certain information relevant to your Order including, without limitation, your name, email, phone number, credit card number, credit card expiration date , billing address, and shipping address and information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.
We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in your Order
We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you access and/or purchase can only be returned in accordance with these Terms and Conditions and our Returns Policy.
Our Returns Policy
Your right to cancel an Order only applies to Products that are clearly and obviously defective, as determined in the Company’s sole discretion after review of the Product. If we determine that an order cancellation is appropriate, we will reimburse you no later than 14 days from the date on which we provide determination of the same. We will process the return using the same method of payment as you used for the Order, and you will not incur additional fees for such reimbursement.
You will not have any right to cancel an Order for any of the following Products:
- Products made to your specifications or clearly personalized.
- Products which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Products which are, after delivery, according to their nature, inseparably mixed with other items.
- Digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of Products. The Products available may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Products and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.
All Products purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (ie. Stripe, Paypal, Amazon Pay).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD OR ONLINE PAYMENT INFORMATION THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION AND THAT THE ASSOCIATED INFORMATION ENTERED IS ACCURATE. By submitting such information, you grant to us the right to process your Order, or provide such information to third-parties for purposes of facilitating your Order. Verification of information may be required prior to the acknowledgment or completion of any Order. You agree to pay all charges incurred by you or on your behalf through the Website or Third-Party Social Media Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an Order or our confirmation of an offer to sell a product or service. Your right to use the Service is subject to any expenditure limits established by Company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access and purchase, thereby terminating this Agreement and all obligations of Company hereunder. If a charge is declined or reversed by the credit card issuer or network, you agree to pay Company a service charge and to reimburse Company for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions. By clicking “Submit” when you place an Order, you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.
You may cancel your Subscription renewal either through your Account settings page or by contacting the Company. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Service until the end of your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will terminate the Service. Notice of billing failure will be sent via email. Once your billing account has become current and reconciled, Service may be reactivated in the Company’s sole discretion.
The Company will provide you with reasonable prior notice of any change in the Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If you have been invited to join the SolarStream Affiliate Program, you expressly acknowledge and agree to the terms set forth in this section, in addition to any other terms herein accepted. After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account [eg. Paypal or Wire Transfer] which we may use to post payment).
Affiliate Links: We will provide you with a specific link or links, personalized to you as an Affiliate, for your promotion (collectively, “Affiliate Link”). The Affiliate Link will be keyed to your identity and will send online users to the Company’s website or websites. You hereby agree to fully cooperate with us regarding the Affiliate Link and that you will explicitly always comply with all of the terms of this Agreement for the promotion of the Affiliate Link. We may modify the specific link or links, and will notify you if we do so. You agree to only use Affiliate Links which are prior approved by us.
Affiliate Codes: Codes may be generated which offer discounts, promotions, or rewards to customers (“Affiliate Codes”). Unlike Affiliate Links, which only provide you with a commission, Affiliate Codes will also provide a discount on specific purchases a user makes from the Company. These Affiliate Codes may be entered during purchase on our website or websites in addition to an Affiliate Link in the customer’s overall web visit. In the case of an Affiliate Code being used without the Affiliate Link, the Company will do its reasonable due diligence to manually ensure you receive proper credit for this purchase.
User Purchases: Each time a user uses your Affiliate Link or Affiliate Code and completes a purchase of the Service that the Company determines to be a Qualified Purchase, as described below, you will be eligible to receive the following percentage of the sale: 10%
We will determine whether payout is permissible within reasonable discretion. We reserve the right to reject sales that do not comply with the terms of this Agreement or are found to have violated any representative policies or legal frameworks applied to digital links and data collection within the United States of America. Processing and fulfillment of orders remains the responsibility of the Company. We will also provide real-time data regarding your Affiliate Link or Affiliate Code account whenever possible, but we are not obligated to do so in any way.
In order to be eligible for payout, User purchases must be “Qualified Purchases.” Qualified Purchases:
a) Must not be referred by any other partner or affiliate links of the Company (i.e., Qualified Purchases are only eligible for payout if solely made through your Affiliate Link);
b) May not be purchased by an already-existing partner or affiliate of the Company;
c) May not be purchased prior to you joining the SolarStream Affiliate Program;
d) May only be purchased through a properly-tracking Affiliate Link or Code;
e) May not be purchased by a customer in violation of any of our legal terms or policies;
f) May not be fraudulent in any way, in the Company’s sole and exclusive discretion;
g) May not have been induced by the Affiliate themselves (outside of the Company’s discretion) offering the customer any coupons or discounts;
In addition, a Qualified Purchase must be the result of a purchaser clicking your Affiliate Link or entering your Affiliate Code, and as distributed, these assets must be:
a) Attributable to you and not confused for outside links (e.g. no deceptive reformatting/shortening)
b) Not sent by an automated program or user who does not intend to make a genuine purchase (i.e. bot networks/credit reprocessing/etc.)
Affiliate Payout Information: Payouts will only be available when the Company is in possession of current accounting information and appropriate tax/processing validation for you. You may choose to receive payment as an individual or as a business you are authorized to represent. Accounting information may include the routing and account number of a bank where you wish to post a wire transfer, or may include an email address or other information (such as cellular phone or account ID) for an online method of payment mutually agreed upon by you and the Company.
For any changes in your address or accounting information, you must notify the Company immediately and the Company will endeavor to make the changes to your payout information as soon as possible.
Payouts will be available the month after the month in which they accrue. We explicitly reserve the right to change payout scheduling or methods, in our sole and exclusive discretion. If we do so, you will be notified. If you wish to dispute a payout, the Company must be notified within thirty (30) days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related.
When you create an Account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account.
You are responsible for safeguarding the password that you use to access the Service, whether your password is with our Service or a Third-Party Social Media Service, and you are responsible for any activities or actions under your Account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to deny any usernames deemed inappropriate for reasons including, but not limited to, racism, sexism, homophobia, transphobia, hate speech, or other bigotry.
In addition to signing up for an Account directly on our Service, you may sign up for an Account via your existing account on a third-party social media network, such as your Facebook account. You acknowledge and agree that by signing up for an Account via your existing third-party social media account, you are providing us with limited access to personal information about your such social media account, for the purpose of creating and interacting with your Account. Your use of Facebook or any other third-party social media network, may subject you to that third-party’s terms/conditions of use, which are neither monitored nor controlled by Company.
Your Right to Post Content
Our Service allows you to post Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and in compliance with the Terms. The Company may, in its sole discretion, refuse or remove Content that the Company deems inappropriate. The Company further reserves the right to make formatting changes and edits to any Content. The Company can also limit or revoke the use of the Service if you post objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claims of copyright or other intellectual property infringement related to Content posted on the Service.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at email@example.com and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- 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.
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
If your work is taken down as a result of a valid DMCA takedown notice, and you believe your work was taken down in error, you may submit a DMCA counter notification. Your counter notification should include details about the specific content claimed in your work, and clearly explain your right to use the copyrighted content in your own words. If you think the content was identified as a mistake, explain why in a clear and concise manner. Your DMCA counter notice should include the following:
- A physical or electronic signature of the original uploader, or an agent authorized to act on their behalf.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the original uploader has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The original uploader’s name, address, and telephone number, and a statement that the original uploader consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
All content included as part of the Services, including but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained hereon is property of the Company or its third party suppliers, or is rightfully used subject to a license agreement and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, Products or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
You agree to defend, indemnify and hold harmless Company, Company Affiliates, and any third-parties under agreement with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all third-party claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
- Your failure to comply with any provision of these Terms;
- Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
- Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
Company and Company Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that Company has no obligation to defend, indemnify or hold harmless you in any way related to these Terms, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of these Terms.
The laws of the state of Washington, excluding its conflicts of law rules, shall govern this Terms and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
With respect to any Dispute, you agree to make reasonable efforts to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency by contacting the Company first at https://streamersquare.com/contact-us/. Such informal negotiations commence upon Company’s receipt of Notice from you.
Mandatory Binding Arbitration
If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Company, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Company may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
- The American Arbitration Association (“AAA”) will run the arbitration between you and Company, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
- YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THESE TERMS AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Company both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Company. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Company further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the laws of the country in which you reside in.
United States Federal Government End Use Provisions
If you are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms and Conditions, you can contact us:By visiting this page on our website: https://streamersquare.com/contact-us/