Acceptance of the Terms of Use

These terms of use are entered into between you and Squeesh LLC (“Squeesh,” “Company,” “we,” or “us”). The following terms, plus the Squeesh App End User License Agreement available at [URL], govern your access to and use of https://squeeshapp.com/ and the Squeesh mobile application (“Squeesh App”), including any content, functionality, and services offered on or through https://squeeshapp.com/ or the Squeesh App (that website and that Squeesh App, the “Platform”), whether as a guest or a registered user.

Please read the terms of use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use. If you do not want to agree to these terms of use, you must not access or use the Platform.

These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

This Platform is offered and available to users who are 18 (19 in Canada) years of age or older. By using this Platform, you state that you are of legal age to form a binding contract with Squeesh and meet all the preceding eligibility requirements. If you do not meet all these requirements, you must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these terms of use on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Platform afterward. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Your continued use of the Platform after the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We may withdraw or amend this Platform and any service or material we provide on the Platform without notice. We will not be liable if for any reason any part of the Platform is unavailable. On one or more occasions, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Platform.
• Ensuring that all persons who access the Platform through your internet connection are aware of these terms of use and comply with them.

To access the Platform or some of the resources it offers, you might be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is accurate. All information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you must not provide any other person with access to this Platform or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of use.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by Squeesh, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of use allow you to use the Platform for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• You may download a single copy of the Squeesh App to your mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Squeesh App End User License Agreement.
• You may take those actions as are enabled by any social media features.

You must not:

• Modify copies of any materials from this Platform.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the terms of use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Platform or any content on the Platform is transferred to you, and Squeesh reserves all rights not granted. Any use of the Platform not permitted by these terms of use is a breach of these terms of use and might violate copyright, trademark, and other laws.

Trademarks

The Company name; the terms SQUEESH, SQUEESH APP, and BE SHAMELESS; the Company logo; and all related names, logos, product and service names, domain names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these terms of use. You must not use the Platform:

• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these terms of use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that, as determined by us, might harm Squeesh or users of the Platform, or expose them to liability.

Additionally, you must not:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Platform or any services provided through, or concerning, the Platform. This includes using (or permitting, authorizing, or attempting to use): (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Platform or any data, content, information, or services accessed through the Platform; or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not authorized in these terms of use, without our prior written consent.
• Use any device, software, or routine that interferes with the Platform’s proper working.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform by a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the Platform’s proper working.

User Contributions

The Platform contains interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Platform.

All User Contributions must comply with the Content Standards set out in these terms of use.

Any User Contribution you post to the Platform will be considered nonconfidential and nonproprietary. By providing any User Contribution on the Platform, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any User Contribution for any purpose.

You state that the following facts are accurate:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All your User Contributions do and will comply with these terms of use.

You are responsible for any User Contributions you submit or contribute, and you, not Squeesh, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any nonparty for the content or accuracy of any User Contributions you or any other Platform user posts.

Monitoring and Enforcement; Termination

We may:

• Remove or refuse to post any User Contributions for any reason.
• Take any action regarding any User Contribution that we consider necessary or appropriate, including if we believe that the User Contribution violates the terms of use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Platform’s users or the public, or could create liability for Squeesh.
• Disclose your identity or other information about you to any nonparty who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any reason, including without limitation, any violation of these terms of use.

Without limiting the preceding, we may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You hereby waive and shall indemnify Squeesh and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken because of, investigations by either those parties or law enforcement authorities.

However, we do not review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all federal, state, local, and international laws and regulations. Without limiting the preceding, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise might be in conflict with these terms of use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our DMCA Policy [LINK TO DMCA POLICY] for instructions on sending us a notice of copyright infringement. Squeesh’s policy is to terminate repeat infringers’ user accounts.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by nonparties, including materials provided by other users, bloggers, and nonparty licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Squeesh, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Squeesh’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.

Changes to the Platform

We may update the content on this Platform on one or more occasions, but its content is not necessarily complete or up to date. Any of the material on the Platform might be out of date at any given time, and we are not required to update that material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy. 

Linking to the Platform and Social Media Features

You may link to our website homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.

This Platform may provide certain social media features that enable you to:

• Link from your own or certain nonparty websites to certain content on this Platform.
• Send emails or other communications with certain content, or links to certain content, on this Platform.
• Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain nonparty websites.

You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Platform other than the homepage.
• Otherwise take any action regarding the materials on this Platform that is inconsistent with any other provision of these terms of use.

The website from which you are linking, or on which you make certain content accessible, must comply with the Content Standards set out in these terms of use.

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable all or any social media features and any links without notice.

Links from the Platform

If the Platform contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Platform, you do so entirely at your own risk and subject to the terms for those websites.

Use Outside of United States

The Platform’s owner is based in Washington in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside the United States. Access to the Platform might not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Warranty Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. The Platform, its content, and any services or items obtained through the Platform are provided “as is” and “as available,” without any warranties, either express or implied. Neither Squeesh nor any person associated with Squeesh is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the preceding, neither Squeesh nor anyone associated with Squeesh states that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Platform or the server that makes it available are free of viruses or other harmful components; or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.

To the extent provided by law, Squeesh is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for particular purpose.

The preceding does not affect any warranties that cannot be excluded or limited under law.

Limitation on Liability

To the extent provided by law, in no event will Squeesh, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The preceding does not affect any liability that cannot be excluded or limited under law.

Indemnification

You shall indemnify Squeesh, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these terms of use, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

Washington law governs all adversarial proceedings arising out of this agreement or use of the Platform.

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement not subject to arbitration, a party may bring such a proceeding in the United States District Court for the Western District of Washington or in a state court of Washington. Each party acknowledges that those courts would be a convenient forum.

Dispute Resolution and Arbitration

You and Squeesh are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Platform, will be resolved exclusively and finally by binding arbitration.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant any relief that would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your first use of the Platform. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, neither you nor Squeesh will be entitled to join or consolidate claims by or against other users in court or arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver must only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Platform must be filed within one year after the cause of action accrues; otherwise, that cause of action or claim is permanently barred.

Waiver and Severability

No waiver under these terms of use will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.

If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of use will continue in full effect.

Entire Agreement

These terms of use and the Squeesh App End User License Agreement constitute the entire understanding between the parties regarding the Platform and supersede all other agreements, whether written or oral, between the parties. If these terms of use and the Squeesh App End User License Agreement are inconsistent, the Squeesh App End User License Agreement will prevail.

Your Comments and Concerns

This Platform is operated by Squeesh LLC, 132 14th Avenue, Kirkland, Washington 98033.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy [LINK TO DMCA POLICY] in the manner and by the means set out in it.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected].