Terms & Conditions


Terms & Conditions

Squeeze, LLC. Terms of use, together with privacy policy, set forth the terms and conditions (“Terms”) that apply to your access and use of all Squeeze, LLC’s products and services, that are made available through (“Squeeze, LLC”, “we,” or “us”) and our website at www.squeezeapp.com (the “Site”), as well as all related web sites, comparison engines, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”) and its officers, directors, employees, consultants, affiliates, subsidiaries and agents. These Terms of Use are a legally binding contract between you and Squeeze, LLC. regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” OR BY SIGNING A TESTING AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE OUR PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THESE TERMS OF USE OR THE SITE PRIVACY POLICY, AS WELL AS ALL APPLICABLE LAWS (COLLECTIVELY, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE TO USE THE SERVICES, OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with Squeeze, LLC.

 

1-Squeeze, LLC Service Overview.

Squeeze provides an application for managing personal finances and helping users make better buying decisions for products and services. To this end, Squeeze provides general information to You and other individuals (“Users”) about opportunities to minimize the cost of goods and services.  Users are able to communicate with us by email through the Site by, among other things, posing questions to us, responding to surveys from us about the usefulness and value of the Site Services, requesting information about products and service, or other information about related products and services, subject to these Terms.  Please note that the Service is meant only as an aid to assist you in organizing and managing your finances and making better buying decisions. The Service is not intended provide any legal, tax or financial advice. Squeeze is intended only to assist you in your financial goals and financial well-being. You acknowledge that your personal financial circumstances are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you are encouraged to consult with a financial advisor or other financial planning professional who is aware of your personal financial circumstances.

Use of web sites, comparison engines, downloadable software, mobile applications (including tablet applications), and other services provided by us is 100%, absolutely, completely at your own risk. You are responsible for your own personal finances and should not rely on this site or anyone else to make the final decision for you. Squeeze is here to help you think about personal financial wellness and making better buying decisions. If you do not agree with any provision of these Terms, please discontinue any access to, or use of, the Services.

 

2-Eligibility.

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

 

3-Payment.

Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are non­refundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going­-forward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek pre­authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

 

4-Accounts and Registration.

4.1 To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@squeezeapp.com.

4.2 In order to make full use of the Service you will need to link your account on the Service with accounts you maintain at third party financial institutions which have records of your financial transaction history (“Financial Account History”). We contract with third parties to access your Financial Account History through the login and password information you provide to us for a given third party financial institution. In order to provide you with the Service, we store your Financial Account History in our databases. Please be aware that any stored Financial Account History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Financial Account History is only as accurate as the information provided to us by our third party providers, which may not necessarily reflect your Financial Account History as provided to you by your financial institution.

4.3 By providing us with information, data, passwords, usernames, PIN codes or other logon information, or other materials or content through the Service, you are thereby granting us the right to use and store such information (including Financial Account History, collectively “Financial Information”) for the purpose of providing the Service to you; or otherwise making use of such Financial Information as described in the Privacy Policy or as contemplated herein. By using the Service, you authorize us, as your agent, to access your Financial Account History maintained by the relevant financial institution.

4.4 Squeeze hereby grants to You a limited, non-exclusive, non-transferable, and revocable right to access and use the Services and utilize the features, content and tools that Squeeze makes available to You through the Services or otherwise. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the Squeeze content or Services, including without limitation, any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations.  The license granted herein does not include any resale or commercial use of the Services, or any product listings, descriptions, or prices.  You are also prohibited from creating any derivative works from the Services, or downloading or copying of any account information for the benefit of another person or entity, or any use of data mining, robots, or similar data gathering and extraction tools, except to the extent the Site is indexed by general purpose consumer accessible search engines, including, but not limited to, Google, Yahoo, AOL, MSN, or Bing.  Squeeze reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the Services.  Any rights not expressly granted to You in herein are reserved.

In addition, for so long as these Terms of Use are in effect, You grant to Squeeze a non-exclusive, limited, and royalty free license to use Your name and contact information, and to display any other materials, information or content supplied by You to Squeeze, subject to Squeeze’s Privacy Policy.

 

5-Alerts and Notices

5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.

5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices on your mobile device. Since alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.

5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we cannot guarantee the accuracy or timely arrival of any Alerts.

 

6-Mobile Device Usage

Use of the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees.

 

7-Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;

  • interfere with security-related features of the Service, including without limitation:
  1. disabling or circumventing features that prevent or limit use or copying of any content;
  2. Accessing data not intended for Your use, or logging onto a server which You are not authorized to access;
  3. Attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures utilized by Squeeze without proper authorization;
  4. Attempting to interfere with the Service, Squeeze’s hosting service provider, or Squeeze’s network, including, without limitation, via means of submitting a virus, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing” the Service; or
  5. Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by Squeeze;

 

7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;

7.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials;

7.8 provide Financial Information to us which you do not have the authority to provide.

7.9 duplicate, modify, reengineer, decompile, reverse engineer, decrypt, reassemble, supplement, translate, adapt, or enhance any Service.  You shall not remove any notice or other indicia of an intellectual property right from the Service.  You shall not use, copy, distribute, display, demonstrate, or sub-license the Service, or any other information accessible through the Service, the software related thereto, or any component thereof, except as permitted by the Terms of Use, or as expressly authorized by Squeeze.  The rights granted to You by Squeeze to use the Site are strictly limited to the rights specified in these Terms of Use and You shall not have any rights to re-license or sub-license access to, or use of, the Services, or any components thereof, to any other person or entity.  You acknowledge and agree that You are solely responsible for Your use of the Services and for Your compliance with any laws and regulations relating to such use, or

7.10 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.

7.11 Violations of Squeeze’s system or network security may result in civil or criminal liability.  Squeeze will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.

7.12 In the event You breach or violate any of Squeeze’s restrictions on the use of the Service, use the Service in any manner not permitted by the License granted in these Terms of Use, acquire or download any content, data, text or images from the Service without authorization under these Terms of Use or without Squeeze’s express written permission, or You remove any intellectual property notices from the Service or any content accessible or displayed on the Service without Squeeze’s express written approval, You agree that Squeeze’s damages in the event of such unauthorized conduct by You will be difficult to quantify.  Therefore, in the event of such a breach, and in addition to Your obligation to immediately commence commercially reasonable efforts to cure any breach, You shall pay Squeeze as liquidated damages, and not as penalty, the amount of $15,000.00 per occurrence, which liquidated damages shall be in addition to, and not in lieu of, any equitable relief to which Squeeze may be entitled by reason of You breach of these Terms of Use.

 

8-Third-Party Services and Offers; Linking sites.

We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us, with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

  1. Advice from Third Parties. Some of the Services involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Squeeze, LLC. You agree that Squeeze, LLC is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Squeeze, LLC is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Squeeze, LLC.
  2. Sharing Information With Third Parties. To use some of the Services, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. By using the Services, you agree that Squeeze, LLC may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Squeeze, LLC has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under Squeeze, LLC’s control, and that Squeeze, LLC is not responsible for any third party’s use of your information.
  3. Squeeze, LLC Does Not Endorse Third Parties. The Services may contain links to third party websites and services. Squeeze, LLC provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Squeeze, LLC has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and 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 any such third party websites or services.
  4. You acknowledge and agree that Squeeze shall be entitled to retain all fees, if any, paid by third parties for advertisements or hyperlinks.  Squeeze is not responsible or liable if You link to such sites, or purchase any products or services through such sites. Your dealings with the operators of such third party websites are strictly between You and the company operating the site.  The Squeeze Privacy Policy accessible herein (http://www.squeezeapp.com/privacy-policy/) only governs Your use of our Service.  You are strongly advised to review the terms of use agreements and privacy policies applicable to the use of any third party sites before You interact with such sites, or provide any of Your personally identifiable information to the operators of such sites.  Squeeze expressly disclaims any liability or responsibility to You for Your dealings with the operators of such sites.
  5. SQUEEZE DOES NOT MAKE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE SERVICE, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES.  IF YOU PURCHASE SUCH PRODUCTS OR SERVICES, OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK.  SQUEEZE DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OR THE OUTCOME OR QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN SQUEEZE.  SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE SQUEEZE, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE SERVICE.

 

8-Termination of Use; Discontinuation and Modification of the Service

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@squeezeapp.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

9-Privacy Policy and Additional Terms

9.1 Privacy Policy. Please read the Squeeze, LLC Privacy Policy, available at http://www.squeezeapp.com/privacy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Squeeze, LLC Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

9.2 Additional Terms Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services which subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

 

10-Changes to the Terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.

 

11-Ownership; Proprietary Rights; Feedback

11.1 The Service is owned and operated by Squeeze, LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.

11.2 You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant us the a perpetual, worldwide, fully transferrable, sub-licenseable, full-paid up, irrevocable, royalty free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you, without obtaining your permission.

11.3 EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF USE, NEITHER SQUEEZE NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE SITE.  NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF THESE TERMS OF USE OR YOUR USE OF THE SERVICE.

 

12-Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Squeeze, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Squeeze Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

 

13-Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SQUEEZE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SQUEEZE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SQUEEZE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

We DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.

ALL FINANCIAL INFORMATION we receive from third parties OR YOU is not verified for accuracy by us.

YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

THE CONTENT DISPLAYED ON THE SERVICE MAY RELATE TO PRODUCTS OR SERVICES THE SALE OF WHICH MAY REQUIRE A LICENSE OR IS OTHERWISE REGULATED BY LOCAL, STATE OR FEDERAL AGENCIES.  SQUEEZE IS NOT A SELLER OR PROVIDER OF ANY SUCH PRODUCT OR SELLER, AND IS NOT LICENSED TO DO SO.  SUCH PRODUCTS OR SERVICES ARE AVAILABLE ONLY FROM THIRD PARTIES, AND NOT FROM SQUEEZE.  BEFORE DOING BUSINESS WITH ANY THIRD PARTY PROVIDING A PRODUCT OR SERVICE THAT IS SUBJECT TO GOVERNMENTAL REGULATION, YOU SHOULD DETERMINE THAT THE PROVIDER OF SUCH PRODUCT OR SERVICE IS LEGALLY AUTHORIZED TO ENGAGE IN SUCH BUSINESS.  YOUR DEALINGS WITH ANY PROVIDER OF PRODUCTS OR SERVICES DESCRIBED ON THE SERVICE IS AT YOUR OWN RISK.  YOU ARE ENCOURAGED TO CONSULT WITH YOUR LEGAL, ACCOUNTING OR FINANCIAL ADVISORS BEFORE ACQUIRING ANY PRODUCT OR SERVICE IDENTIFIED ON THE SITE.  ANY RECOMMENDATIONS APPEARING ON THE SERVICE FOR THE PURCHASE OR USE OF ANY PARTICULAR PRODUCT OR SERVICE IS MADE BY THE AUTHOR OF SUCH RECOMMENDATION AND NOT BY SQUEEZE.   SQUEEZE DOES NOT CONDUCT ANY INVESTIGATION OF THE PROVIDERS OF PRODUCTS OR SERVICES IDENTIFIED ON THE SITE, OR THE QUALITY OF SUCH PRODUCTS OR SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY PRODUCT OR SERVICE IDENTIFIED ON THE SITE IS APPROPRIATE FOR YOUR PURCHASE OR USE.

 

14-Limitation of Liability; Indemnity

YOU SPECIFICALLY AGREE THAT SQUEEZE IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE SITE.  SQUEEZE IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY OF YOUR, OR ANY OTHER PERSON’S COMPUTERS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.

IN NO EVENT WILL THE SQUEEZE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SQUEEZE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SQUEEZE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO SQUEEZE FINANCIAL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (ii) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU WILL FILE ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR TO INTERPRET OR ENFORCE THE TERMS OF USE WITHIN ONE (1) YEAR OF RECEIVING THE TERMS OF USE OR BE FOREVER BARRED.In addition to your duties set forth above, You agree to defend, indemnify and hold harmless Squeeze, or any of its employees, officers, directors, subsidiaries, parents, affiliates, or agents (the “Indemnified Parties”) from any losses, expenses, damages, judgments, or penalties, including reasonable attorneys’ fees and expenses incurred in arbitration and all levels of litigation, whether at trial or on appeal, arising from any allegations by a third party (a “Claim”) that, if proven to be true, would constitute a breach of Your representations, warranties or other obligations under these Terms of Use.  A Claim subject to this Section shall include any allegations made by a third party or a governmental agency against an Indemnified Party arising from Your use of the Site.  In the event of any Claim, the Indemnified Party shall provide You with prompt written notice of such a Claim, and will cooperate with You on reasonable terms and conditions in Your defense of any such Claim.  You shall have the right to select legal counsel to defend any Claim, provided that any Indemnified Party shall have the right to engage independent legal counsel at its expense solely for the purpose of monitoring the progress of the defense or settlement of any Claim.  You shall have the right to settle or compromise any Claim, provided that the Indemnified Parties shall have the right to consent to any such settlement or compromise that will materially diminish the Indemnified Parties’ rights under this Terms of Use, which consent the Indemnified Parties shall not unreasonably withhold or delay.  This indemnification obligation shall survive any termination of Your right to use the Site.

15-Governing Law

These Terms shall be governed by the laws of the State of Florida without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Palm Beach County, Florida for the purpose of litigating all such disputes.

 

16-Resolution and Arbitration

17.1 Generally. In the interest of resolving disputes between you and Squeeze, LLC in the most expedient and cost effective manner, you and Squeeze, LLC agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Squeeze, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions. Notwithstanding subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

17.3 Arbitrator. Any arbitration between you and Squeeze, LLC will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Squeeze, LLC.

17.4.Hearing. Any arbitration hearings will take place at a location to be agreed upon in Palm Beach, Florida, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

17.5 No Class Actions. YOU AND Squeeze, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Squeeze, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

18- Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

19-General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Squeeze regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

 

19-Contact

The Services offered by Squeeze, LLC, 901 NW 35th Street, Boca Raton FL 33431. You may contact us by sending correspondence to the foregoing address or by emailing us at support@squeezeapp.com.