Terms & Conditions
Effective Date: June 1st, 2018
Hello and welcome to The Squad’s Terms of Service!
These Terms of Service ("Terms") apply to all visitors, users, and/or customers ‘s use of this website, mobile sites, or services provided by The Squad (as defined below), including without limitation, on the website and associated domain of www.thesquadteam.com, www.thesquadnation.com, and www.thesquadpdx.com, and on The Squad mobile site. By using or accessing the websites, mobile sites, and/or Services, you agree to be bound by these Terms, and our Privacy Policy. If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, "your” and similar terms are construed accordingly in this Agreement. In the event of a violation of these Site Rules, we reserve the right to seek all remedies available by law and in equity. If you do not agree to the Terms and Conditions and Privacy Policy, do not use the website, mobile site, and/or services. If, at any time, any part of the Terms of Conditions and Privacy Policy is no longer acceptable to you, immediately terminate your use of the website, mobile site, and/or services.
If you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the “US”), you are agreeing to this Agreement with The Squad, LLC. and are a “US User”. References to “The Squad”, “us”, “we” and “our” mean The Squad, LLC.
Please read this Agreement carefully! It includes important information about your legal rights. Please note if you are an EU Consumer, some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.
The Squad has the right to change, modify, add, or delete and portions of the Terms and Conditions at any time. The Effective Date will be updated any time The Terms and Conditions are changed. Your continued use of the website, mobile site, and/or services mean that you accept any such changes or deletions.
1. Filling in a Join US, Contact Us, or Let’s Work Together page:
1.1. Signing Up. By voluntarily providing your personal information you agree to provide us with accurate, complete and updated information and give us consent to use this information to contact you.
1.2 The Squad Rights.The Squad reserves the right, in its absolute discretion, to reject any requests for information or materials, or to discontinue the provision of information or materials to any person, for any reason whatsoever.
2. Privacy
Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change.
2.1. Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time. Please see our Cookie Policy incorporated in the Privacy Policy for more information about use of cookies and similar technologies.
3. Copyright and Intellectual Property
The website, mobile sites and services and all its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties and are property of The Squad. All Materials are provided through the websites, and mobile sites as a service to its current and prospective visitors and may be used only for informational purposes. No right, title, or interest in The Squad Materials is conveyed to you. You may not copy, publish, transmit, reproduce, perform, display, post, distribute, modify, or create derivative works from sell, license, or otherwise exploit the website or mobile site or any of its Materials without our prior written consent of permission; you may not use or access The Squad websites, mobile sites, and/or services for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, distribution, transmission, display, performance, alteration, or distribution of Materials is prohibited. Any and all rights not expressly granted are reserved by The Squad, as applicable.
4. Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products.
Additional Terms
5. Entire Agreement. This Agreement constitutes the entire agreement between you and The Squad regarding the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement, including previous written or oral agreements between parties with respect to such subject matter. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third-party beneficiary rights.
6. Indemnification
You hereby agree to indemnify, defend and hold The Squad, and all of its past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by The Squad or any Representative of The Squad in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and Conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions and Privacy Policy. The Squad reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with The Squad's defense of such claim. Choice of Law.
The Terms and Conditions shall be construed in accordance with the laws of the State of Oregon in the United States of America, without regard to conflict of laws principles.
No Class Actions. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
7. Controlling Law
We control the website, mobile site, and/or Services from offices within the State of Oregon. We do not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States, you must comply with the below terms.
8. Waiver, Severability and Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
9. Modifications. We may modify this Agreement from time to time and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you should stop using the Services and cancel all Paid Services.
10. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
11. Translation. This Agreement was originally written in English. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.