Effective Date: April 2, 2019

Last Updated Date: April 2, 2019

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.  THESE TERMS OF USE APPLY TO OUR WEBSITE FOUND AT WWW.WITHYOURSQUAD.COM (THE “WEBSITE”), our mobile application (“Application”), MEMBERSHIP WITH SQUAD (“MEMberSHIP”), events MADE AVAILABLE TO MEMBERS (“Events”), AS WELL AS all related websites, applications, networks and other services provided by envested, INC. (“squad”, “WE”, OR “US”), ITS AFFILIATES OR AGENTS and on which a link to this Terms of Use is displayed (COLLECTIVELY, THE “SERVICES”). bY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH squad, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

IF YOU BECOME A MEMBER, YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SQUAD’S THEN-CURRENT MEMBERSHIP FEE UNLESS YOU DECLINE TO RENEW YOUR MEMBERSHIP IN ACCORDANCE WITH SECTION 8.2 BELOW.

IF YOU ATTEND AN EVENT, We may capture photo, video and/or audiovisual footage of you in accordance with the media release set forth IN SECTION 3.2 BELOW.

PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental features or Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY SQUAD ON A GOING FORWARD BASIS IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Squad will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service.  We will also update the “Last Updated” date at the top of the Terms of Use.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 1.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement.  Any changes to the Agreement will be effective 30 days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Website or 30 days after dispatch of an e-mail notice of such changes to Registered Users (as defined in Section 1.3 below).  Squad may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services.  Otherwise, your continued use of the Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. MEMBERSHIP AND REGISTRATION.
  1. Membership. Squad is an invite-only community that fosters real human connections and enables access to exclusive experiences. You must apply on our Website or through the Application to become a member. Additional Membership, cancellation, and suspension policies may be set forth in our membership rules (“Membership Rules”), if any, made available to applicants that have been accepted to Squad. Except as set forth in the Membership Rules or expressly agreed by Squad in writing, Membership Fees (as defined below) are non-refundable.
  2. Applicant Information.  In applying for a membership and/or registering an Account (as defined in Section 1.3), you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the application form (the “Applicant Information”); and (b) if you become a member, maintain and promptly update the Applicant Information to keep it true, accurate, current and complete.  You represent that you are (x) at least 18 years old; (y) of legal age to form a binding contract; and (z) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction.  You agree not to submit an application or create an Account using a false identity or information, or on behalf of someone other than yourself.  
  3. Registering Your Account.  Once accepted as a member, you must become a Registered User to use the Application and attend Events. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Services (“Account”), has a valid account on the social networking service (“SNS”) through which the user has connected to the Services (each such account, a “Third-Party Account”), or has an account with the provider of the Application for the Member’s mobile device. As a Registered User, you must also maintain a connected Twitter and/or Instagram account.
  4. Access Through an SNS.  If you access the Services through an SNS, you may link your Account with Third-Party Accounts, by allowing Squad to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to Squad and/or grant Squad access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Squad to pay any fees or making Squad subject to any usage limitations imposed by such third-party service providers. By granting Squad access to any Third-Party Accounts, you understand that Squad may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account.  Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 4.1) for all purposes of the Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Squad’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Services.  You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Application.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SQUAD DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Squad makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Squad is not responsible for any SNS Content.
  5. Your Account. You are responsible for all activities that occur under your Account.  You may not share your Account or password with anyone, and you agree to notify Squad immediately of any unauthorized use of your password or any other breach of security. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Squad.
  6. Necessary Equipment and Software; Consent to Receive Calls and Text Messages.  You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.  By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to provide the Services. Squad will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.  You may opt out of receiving text messages from us by emailing privacy@withyoursquad.com
  1. ACCESS TO THE SERVICES.  
  1. Limited License.  Subject to your compliance with the Agreement, Squad grants you: (a) a limited non-exclusive, non-transferable, non-sublicensable, revocable license to install one copy of the Application downloaded from a legitimate marketplace, and to use such Application so installed solely in object code format and solely for your personal use for lawful purposes, on mobile devices that you own or control, and (b) permission to access and use our Services and related information and documentation, solely for your personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
  2. Certain Restrictions.  As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other portions of the Services (including images, text, page layout or form) of Squad; (c) you shall not use any metatags or other “hidden text” using Squad’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. In addition, you shall not (and shall not permit any third party) to either (y) take any action or (z) Make Available (as defined in Section 4.1) any Content (as defined in Section 1.4) on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Squad’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Squad and other members; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other User, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Any future release, update or other addition to the Services shall be subject to the Agreement, unless otherwise stated by Squad at the time such release, update, or addition is made available to you.  Squad, its suppliers and service providers reserve all rights not granted in the Agreement.  Any unauthorized use of any of the Services terminates the licenses granted by Squad pursuant to the Agreement.
  3. Third-Party Materials.  As a part of the Services, you may have access to materials that are hosted by another party.  You agree that it is impossible for Squad to monitor such materials and that you access these materials at your own risk.
  1. EVENTS.
  1. Admission. Members may register to attend Events through the Application. Admission to Events will be allocated based on availability and Squad cannot guarantee that members will be able to attend any Event. Some Events require the payment of additional fees to register (“Event Fees”). Except as set forth in this Agreement, Event Fees are nonrefundable and nontransferable.
  2. Conduct at Events.  When attending Events, your conduct is subject to our Membership Rules and any Event or venue specific rules. Squad, its representatives, employees or agents, the organizers of the Event and the owner of the venue of the Event (collectively, “Organizers”) reserve the right to remove any persons who, in the reasonable discretion of the Organizers, pose a safety or security risk. If an Event allows guests, you are solely responsible for any guests you bring to Events.
  3. Media Release. By attending an Event, you agree to be recorded and/or photographed and consent to the use of your image, likeness, actions and/or voice, throughout the world, in perpetuity, without further authorization or any compensation, in any media, whether now known or hereafter devised, including, without limitation, broadcast, cable and satellite television, social media, and the Internet (e.g., YouTube, other digital video platforms, etc.) and mobile platforms (including mobile apps), and for any purpose (including commercial, merchandising, and promotional purposes) by or on behalf of Squad or any of its partners.
  4. Cancellation of Events. Squad is not be liable for any cancellation, postponement or material alteration of an Event. It is your responsibility to check the Services for news of any cancellation, postponement or alteration of the Event, which will be made available by Squad as soon as reasonably practicable. Squad’s sole and exclusive liability to you in the event of a cancellation, postponement or material alteration of an Event is to refund your Event Fee, if any.
  1. RESPONSIBILITY FOR CONTENT.
  1. Types of Content.  You acknowledge that all Content is the sole responsibility of the party from whom such Content originated.  This means that you, and not Squad, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other users of the Services, and not Squad, are similarly responsible for all Content that you and they Make Available through Services (“User Content”).
  2. No Obligation to Pre-Screen Content.  You acknowledge that Squad has no obligation to pre-screen Content (including, but not limited to, User Content), although Squad reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that Squad pre-screens, refuses or removes any Content, you acknowledge that Squad will do so for Squad’s benefit, not yours.  Without limiting the foregoing, Squad shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
  3. Access to Your Content.  Squad has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that Squad retains the right to create reasonable limits on Squad’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Squad in its sole discretion.
  1. OWNERSHIP.
  1. Generally.  Neither you nor Squad transfer or assign ownership of any Content to the other party under this Agreement. Except for the license expressly set forth in Section 2.1, Squad and its suppliers expressly reserve all of their rights, title and interest, including all intellectual property rights, in and to the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
  2. Trademarks. Squad & Envested, Inc. and all related graphics, logos, service marks and trade names used on or in connection with any Services or in connection with the Services are the trademarks of Squad and may not be used without permission in connection with your or any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
  3. Other Content.  Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Services.
  4. Your Content.  Squad does not claim ownership of Your Content.  However, when you post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
  5. License Grant to Squad.  Subject to any applicable account settings that you select, you grant Squad a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Services to you and to our other members.  Please remember that others may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Services.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Squad, are responsible for all of Your Content that you Make Available on or in the Services.
  6. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Squad through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Squad has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Squad a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Squad’s business.
  7. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement, applicable law, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, cancelling or suspending your Membership in accordance with the Membership Rules, terminating your use of the Services, and/or reporting you to law enforcement authorities.
  1. INTERACTIONS WITH OTHERS.
  1. Member Responsibility.  You are solely responsible for your interactions with other members and any other parties with whom you interact; provided, however, that Squad reserves the right, but has no obligation, to intercede in such disputes.  You agree that Squad will not be responsible for any liability incurred as the result of such interactions, whether online or offline.
  2. Content Provided by Other Users. The Services may contain User Content provided by other members.  Squad is not responsible for and does not control User Content.  Squad has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other members at your own risk.
  1. THIRD-PARTY SERVICES.
  1. Third-Party Websites, Applications and Ads.  The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Squad.  Squad is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  Squad provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Services, the Agreement and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  2. App Stores.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Agreement is between you and Squad and not with the App Store.  Squad, not the App Store, is solely responsible for Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with Services, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
  1. FEES AND PURCHASE TERMS.
  1. Payment.  You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Squad with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Services.  Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Agreement to determine your rights and liabilities.  By providing Squad with your credit card number and associated payment information, you agree that Squad is authorized to immediately invoice your Account for all fees and charges due and payable to Squad hereunder, and that no additional notice or consent is required.  You agree to immediately notify Squad of any change in your billing address or the credit card or PayPal account used for payment hereunder.  Squad reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
  2. Membership Fees; Automatic Renewal.  You will be responsible for payment of the applicable fee for Membership (“Membership Fee”) at the time you create your Account and select your annual or monthly package. Your Membership will continue indefinitely until terminated in accordance with the Agreement.  After your initial Membership period, and again after any subsequent Membership period, your Membership will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Squad’s then-current price for such Membership.  You agree that your Account will be subject to this automatic renewal feature unless you cancel your Membership prior to the Renewal Commencement Date, by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page.  If you want to change or terminate your subscription, please contact Squad at info@withyoursquad.com or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page.  If you cancel your Membership, you may use your Membership until the end of your then-current Membership term; your Membership will not be renewed after your then-current term expires.  However, you will not be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current subscription period.  By purchasing a Membership, you authorize Squad to charge your Payment Provider now, and again at the beginning of any subsequent Membership period.  Upon renewal of your Membership, if Squad does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Squad may either terminate or suspend your Membership and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Membership period will begin as of the day payment was received).
  3. Taxes.   The payments required under this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement.  If Squad determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Company shall collect such Sales Tax in addition to the payments for Membership Fees and Event Fees.  If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Squad, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Squad for any liability or expense Squad may incur in connection with such Sales Taxes.  Upon Squad’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
  4. Disputes.  Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify us in writing within 7 days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived.  Billing disputes should be notified to the following address: 55 Broadway, Suite 406, New York, NY 10006.
  5. Third Party Provider.  Squad uses Stripe, Inc. as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By using the Services, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy and hereby consent and authorize Radish and Stripe to share any information and payment instructions you provide to the minimum extent required to complete your transactions.  
  1. INDEMNIFICATION.  You agree to indemnify and hold Squad, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Squad Party” and collectively, the “Squad Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any other members; or (d) your violation of any applicable laws, rules or regulations.  Squad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Squad in asserting any available defenses.  This provision does not require you to indemnify any of the Squad Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Membership, the Agreement and/or your access to the Services.
  2. DISCLAIMER OF WARRANTIES AND CONDITIONS.
  1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND SQUAD PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  SQUAD PARTIES MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.
  2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT SQUAD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SQUAD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR VENUES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  3. No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES. YOU UNDERSTAND THAT SQUAD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR USERS OF THE SERVICES.
  4. No Liability for Events. Except as set forth in Sections 10.5 and 11 below, Company shall have no liability with respect to any loss, injury, property damage, or death that arises from any activities in connection with your participation at any Event.
  5. Limitations. Notwithstanding the forgoing THE SQUAD PARTIES do not disclaim any warranty or other right UNDER THIS SECTION 10 that THE SQUAD PARTIES ARE prohibited from disclaiming under applicable law.
  1. LIMITATION OF LIABILITY.
  1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SQUAD PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT SQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SQUAD PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SQUAD PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SQUAD PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL SQUAD PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SQUAD BY YOU DURING THE 6-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SQUAD PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SQUAD PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SQUAD PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  3. User Content.  SQUAD ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
  4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SQUAD AND YOU.
  1. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  It is Squad’s policy to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Squad by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written 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; and (f) 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.  Contact information for Squad’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Manager, Squad, Envested Inc, 55 Broadway, Suite 406, New York, NY 10006
  2. REMEDIES.
  1. Violations.  If Squad becomes aware of any possible violations by you of the Agreement, Squad reserves the right to investigate such violations.  If, as a result of the investigation, Squad believes that criminal activity has occurred, Squad reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  Squad is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Services, including Your Content, in Squad’s possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Squad, its members or the public, and all enforcement or other government officials, as Squad in its sole discretion believes to be necessary or appropriate.
  2. Breach.  In the event that Squad determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Services, Squad reserves the right to:
  1. Warn you via e-mail (to any e-mail address you have provided to Squad) that you have violated the Agreement;
  2. Delete any of Your Content provided by you or your agent(s) to Services;
  3. Cancel or suspend your Membership in accordance with the Membership Rules;
  4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
  5. Pursue any other action which Squad deems to be appropriate.
  1. TERM AND TERMINATION.
  1. Term and Termination. Subject to this Section, the Agreement will remain in full force and effect while you use the Services.  If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement or the Membership Rules, or if Squad is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Squad has the right to, immediately and without notice, suspend or terminate any Services provided to you. If you want to terminate the Services provided by Squad, you may do so by (a) notifying Squad at any time and (b) cancelling your Membership in accordance with Section 8.2 and closing your Account. Your notice should be sent, in writing, to Company's address set forth below. Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  Squad will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  2. No Subsequent Registration.  If your Membership or ability to access the Services, or any other Squad community is discontinued by Squad due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Services or any Squad community through use of a different name or otherwise.  In the event that you violate the immediately preceding sentence, Squad reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  1. DISPUTE RESOLUTION.  Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Squad and limits the manner in which you can seek relief from us.
  1. Applicability of Arbitration Agreement.  You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Squad, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or Squad may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
  2. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here].  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Squad will pay them for you.  In addition, Squad will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Squad.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
  2. Waiver of Jury Trial.  YOU AND SQUAD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Squad are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  3. Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York.  All other claims shall be arbitrated.
  4. 30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: info@withyoursquad.com within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your Squad username (if any), the email address you used to set up your Squad account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  5. Severability.  Except as provided in subsection 17.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  6. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Squad.
  7. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Squad makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Squad at the following address: 55 Broadway, Suite 406, New York, NY 10006.
  1. GENERAL PROVISIONS.
  1. Electronic Communications.  The communications between you and Squad may take place via electronic means, whether you visit the Services or send Squad e-mails, or whether Squad posts notices on Services or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from Squad in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Squad provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
  2. Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Squad’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  3. Force Majeure.  Squad shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Services, please contact us at: info@withyoursquad.com. We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  5. Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Squad agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York.
  6. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.  
  7. Notice.  Where Squad requires that you provide an e-mail address, you are responsible for providing Squad with your most current e-mail address.  In the event that the last e-mail address you provided to Squad is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Squad’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Squad at the following address: 55 Broadway, Suite 406, New York, NY 10006.  Such notice shall be deemed given when received by Squad by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  8. Waiver.  Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  9. Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
  10. Export Control.  You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws.  In particular, but without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Squad are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Squad products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  11. Accessing and Downloading the Application from the Apple App Store.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
  1. You acknowledge and agree that (i) the Agreement is concluded between you and Squad only, and not Apple, and (ii) Squad, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Squad and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Squad.
  4. You and Squad acknowledge that, as between Squad and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and Squad acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Squad and Apple, Squad, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
  6. You and Squad acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  1. Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Version 1.0 - Last Revised: April 3, 2019

Envested, Inc. dba Squad (“Company”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at https://www.withyoursquad.com/ (the “Site”), our mobile application (“Application”), as well as all related websites, applications, networks and other services provided by us an on which a link to this Privacy Policy is displayed (collectively, together with the Site and Application, our “Services”).   This Privacy Policy is incorporated into and is subject to the Squad Terms of Use found at withyoursquad.com/terms.

  1. Questions; Contacting Company; Reporting Violations.  If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following mailing or email address:

            Envested, Inc.

            Attn: Elkema Percival

            55 Broadway, Suite 406, New York, NY 10006

            privacy@withyoursquad.com

  1. User Consent.  By submitting Personal Data through our Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.  
  1. A Note About Children.  We do not intentionally gather Personal Data from visitors who are under the age of 13.  If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible.  If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 1 above.  We will delete such information from our files as soon as reasonably possible.  
  1. A Note to Users Outside of the United States.  If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy.  In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.  By providing your data, you agree to this transfer, storing or processing.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.  
  1. Types of Data We Collect.   As used in this Privacy Policy, “Personal Data” includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number. When we use the term “Anonymous Data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.  Anonymous Data might include analytics information and information collected by us using cookies (“Cookies”).  We collect Personal Data and Anonymous Data, as described below.  


a. Information You Provide to Us.  

  • We collect Personal Data from you, such as your first and last name, date of birth, gender, email and mailing addresses, and phone number, when you submit your membership application.
  • If accepted, we may collect additional information from you, such as information about your interests, when you create an account to log in to the Services (“Account”).
  • If you use our Services on your mobile device, including through our Application, we may collect your phone number and the unique device id number.
  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information.  If you want to deactivate this feature, you can either reinstall the Application or deactivate GPS on your mobile device.
  • Certain of our Services may let you store preferences like how your content is displayed.  We may associate these choices with your ID, browser or the mobile device, and you can edit these preferences at any time.
  • When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
  • When you pay your membership fee, purchase admission to events, or otherwise purchase products or services on the Services, you may be asked to provide information necessary to complete the transaction, including your name, credit card information, and billing information. We do not store your credit card information directly on our servers, but this information may be collected and stored by our third party payment processor(s), who will help process and fulfill your purchases.  When you submit credit card numbers, that information is encrypted using industry standard technology.
  • We retain information on your behalf, such as photos and messages that you store using your Account.
  • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.  
  • If you upload photos and post content on our Services, the information contained in your posting will be stored in our servers and other users may be able to see it, along with your profile photo and any other information that you choose to make public on your profile page (collectively “Profile”).  Certain information that you provide in your Profile will be visible to other members, such as your name and description of yourself. Members who have registered for events will also be able to view the list of other attendees.
  • When you participate in one of our surveys, we may collect additional profile information.
  • We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via email regarding support for the Services.
  • We may also collect other forms of Personal Data, such as at other points in our Services that state that Personal Data is being collected.


b. Information You Provide to Social Networking Sites. In order to use the Services, you must connect with Twitter and/or Instagram (each a “SNS”).  When you connect to a SNS through our Services, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS.  We use that information to learn about your interests in order to better provide the Services, and we will access, use and store that information in accordance with this Privacy Policy.  You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS. Any information that we collect from your connected SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.  

c. Information Collected at Events. We may capture photo, video and/or audiovisual footage of you when you attend Company events in accordance with the media release set forth in our Terms of Use at withyoursquad.com/terms.

d. Information Collected via Technology.

  • Information Collected by Our Servers.  To make our Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.  We also collect your device id when you use our Services on your mobile device, including through our Application.
  • Log Files.  As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the information may be collected so that when you visit the Services again, it will recognize you, and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
  • How We Respond to Do Not Track Signals.  We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Services.
  • Mobile Services.  We may also collect non-personal information from your mobile device if you have downloaded our Application.  This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use.   In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model, software version, and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application.  This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.  
  • Location Information.  If you have enabled location services on your phone, we may collect your location information to allow you to check-in to events you are attending.  If you do not want this information collected by us, you can disable location services on your phone.


e. Automatic Decision-Making and Profiling. We may use automated decision-making and/or profiling in regard to your Personal Data for some Services, such as prioritizing relevant events for you.

f. Information Collected from You About Others.  If you decide to invite a third party to apply for a membership, we will collect your and the third party’s names and email addresses in order to send an email and follow up with the third party.  We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and email addresses as required above.  You or the third party may contact us at privacy@withyoursquad.com to request the removal of this information from our database. As part of your use of the Services, we may provide you the opportunity to connect automatically with your friends. We may employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including friends on your connected SNS and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services.  With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, email addresses, phone numbers, image, and geographic location to facilitate automatic connection with your friends.  We do this only for contact matching to help your friends and you find each other. Also, when you invite friends, we will access your address book and we will import your contacts names and phone numbers in order to facilitate the invitation. The email that is sent to your friends will come from your email address so that your friends know that you want to invite them to visit the Site.  We do not store any passwords you provide as part of the contact import process and use of the Services.  

g. Information Collected from Others. We may also get information about you from other sources, for example, if you have agreed to share information with one of our partners or you were referred by an existing member.  These third party companies may supply us with Personal Data.  We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.


  1. Cookies and Other Technologies

We may collect information using Cookies.  Cookies are small data files stored on the hard drive of your computer or mobile device by a website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Services.

We use two broad categories of Cookies: (1) first party Cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Services; and (2) third party Cookies, which are served by service providers on our Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Our Services use the following types of Cookies for the purposes set out below:


Type of Cookies

Essential Cookies:  These Cookies are essential to provide you with services available through our Services and to enable you to use some of its features.  For example, they allow you to log in to the Services and help the content of the pages you request load quickly.  Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.  We do not use essential Cookies to collect information about you for marketing purposes or to track your Internet activity on other websites.

Functionality Cookies:  These Cookies allow our Services to remember choices you make when you use our Services, such as remembering your login details and remembering the changes you make to other parts of our Services which you can customize. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services, We do not use functionality Cookies to target you with advertisements on other websites.  You can block these Cookies using your browser settings, but this may mean that we cannot offer you certain services and may prevent us from remembering that you have chosen not to receive a certain service.

Analytics and Performance Cookies:  These Cookies are used to collect information about traffic our Services and how users use our Services.  The information gathered does not identify any individual visitor.  The information is aggregated and anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information.  We use this information to help operate our Services more efficiently, to gather broad demographic information, to monitor the level of activity on our Services, and to inform marketing campaigns.

We use Google Analytics and other third party analytics services for this purpose. Google Analytics uses its own Cookies.  It is only used to improve how our Services work.  You can find out more information about Google Analytics Cookies here: https://developers.google.com/‌analytics/resources/concepts/gaConceptsCookies.  You can find out more about how Google protects your data here: www.google.com/analytics/‌learn/privacy.html.

You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.

Social Media Cookies:  These Cookies are used when you share information using a social media sharing button on our Services or you link your Account or engage with our content on or through a SNS such as Twitter or Instagram.  The social network will record that you have done this.

Flash Cookies:  When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features.  Flash Cookies are different from browser Cookies because of the amount and type of data collected and how the data is stored.  Cookie management tools provided by your browser will not remove Flash Cookies.  To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

Pixel Tags:  Pages of our Services and our emails may contain pixel tags (also referred to as web beacons, web bugs, tracking pixels, java tags and clear gifs) that allow us and our service providers to track online movements of Web users, send email messages in a format users can read, and tell us whether emails have been opened to ensure that we are sending only messages that interest our users.  They can also be used to collect statistics on our Services and emails (e.g. number of users who have visited a page or opened an email).  


  1. Use of Your Personal Data

a. General Use.  In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us in serving you better.  We use your Personal Data in various ways, including as follows:  

  • facilitate the creation of and secure your Account;
  • identify you as a user in our system;
  • provide improved administration of our Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Services;
  • send you a welcome message to verify ownership of the email address/phone number provided when your Account was created;
  • deliver your welcome packet to your physical mailing address;
  • send you administrative email notifications, such as security or support and maintenance advisories;
  • respond to your inquiries, including as related to employment opportunities or other requests;
  • make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and
  • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company.

b. Messages. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for to send you text reminders and notes about events. Company will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.  You may opt out of receiving text messages from us by emailing privacy@withyoursquad.com.

c. User Testimonials and Feedback.  We often receive testimonials and comments from users who have had positive experiences with our Services.  We occasionally publish such content.  When we publish this content, we may identify our users by their first and last name and may also indicate their home city.  We obtain the user’s consent prior to posting his or her name along with the testimonial.  In addition, we may post user feedback on the Site from time to time.  We will share your feedback with your first name and last initial only.  If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback.  If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages.  We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

d. Creation of Anonymous Data.  We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this Anonymous Data for various purpose, including to analyze request and usage patterns so that we may enhance the content of our Services and improve navigation on our Services.  We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.


  1. Disclosure of Your Personal Data.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

a. Third Party Service Providers.  We may share your Personal Data with third party service providers:  to process payments; to host data; to provide messaging services; and/or to provide other services to the Company.  

b. Affiliates.  We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.  

c. Corporate Restructuring.  We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

d. Social Networking Sites.  The Services may enable you to post content to SNSs (e.g., Instagram or Twitter).  If you choose to do this, we will provide information to such SNSs in accordance with your elections.  You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs.  We are not responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services made available through such SNSs; or (iii) your use of any such SNSs.

e. Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use agreement.

f. Member Profile.  Certain portions of the information you provide to us may also be displayed in your Profile.  Photos, posts, friends, and other content that you post on the Services will be viewable to other members.  Once you have posted content to your Profile, while you will still be able to edit and delete it on the Services, you will not be able to edit or delete such information to the extent it has been cached, collected, and stored elsewhere by others.

  1. Third Party Websites.  Our Services may contain links to third party websites.  When you click on a link to any other website or location, you will leave our Services and go to another site and another entity may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.


  1. Your Choices Regarding Your Information.  You have several choices regarding use of information on our Services:

a. Email Communications.  We will periodically send you free newsletters and emails that directly promote the use of our Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information above). Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use agreement or Privacy Policy.

b. Cookies.  If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided in Section 1 above.

c. SNS.  You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS.  Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your SNS account or mobile device.

d. Changing or Deleting Your Personal Data; Data Retention.  You may change your Personal Data in your Account by editing your profile within your Account. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When you close your Account, your Personal Data may remain in our archives. We may also retain your information for fraud or similar purposes.

e. Application.  You can stop all collection of information by the Application by uninstalling the Application, though you will no longer be able to access the Services.  You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.  


  1. Complaints.  We are committed to resolve any complaints about our collection or use of your Personal Data.  If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at privacy@withyoursquad.com We will reply to your complaint as soon as we can, and in any event, within 45 days.  We hope to resolve any complaint brought to our attention; however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.


  1. Changes to This Privacy Policy.  This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Services.  Any changes to this Privacy Policy will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you or 30 calendar days following our posting of notice of the changes on our Services.  These changes will be effective immediately for new users of our Service.  Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us.  Continued use of our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.