PLEASE READ THIS CONTRACT CAREFULLY. These Terms of Service and Sale (“TOS” or “Agreement”) govern your use of this www.squarz.com website and any services made available through this website (collectively, the “Website”). The Website is intended for viewing and use only within the contiguous states of the United States of America, specifically excluding Alaska, Hawaii, Rhode Island, Puerto Rico, Guam, US Virgin Islands and all territories of the United States and shall be governed solely by U.S. law. Do not proceed in this Website if you are not located within the contiguous states of the United States. By loading, accessing or using the Website, you agree to be bound by the terms of this Agreement. If you do not agree to any of the terms of this Agreement, please do not use the Website. Squarz may update or modify this Agreement in its sole discretion. You agree that you are responsible for periodically checking www.squarz.com for updates to this Agreement, and that your continued access to or use of the Website after we have posted a revised version of the TOS or notified you of changes via email will constitute your acceptance of any changes. If you do not agree to a revised TOS, or cannot comply with the then-current TOS at any time, you must immediately stop using the Website. Changes to the TOS will not be applied retroactively.
1.General Purpose. The Website provides an interactive online service operated by Squarz on the Internet, consisting of information and transaction and advertising methods facilitated through Squarz, affiliates of Squarz, or Squarz’s merchant sponsors (“Merchants”) offering vouchers for sale (“Vouchers”) and discount coupons (“Discounts”) which may be exchanged for goods or services or discounts at the Merchants’ online or retail locations. The Website also offers various promotional and sweepstakes prizes in connection with Voucher and Discount deals, subject to the terms of the Squarz Official Game Rules.
2.Use of the Website. Subject to your agreement to comply and your continuing compliance with this Agreement, you may use the Website by accessing the Website either directly at www.squarz.com or through an authorized interface, e.g., a social networking website authorized by Squarz. You may not use or access the Website for any other purpose or in connection with any other software or service. The license granted herein is personal, limited, non-exclusive, revocable, non-transferable, confers no title or ownership in the Website, and should not be construed as a sale of any rights to the Website. All right, title and interest in and to the Website and any and all permitted copies thereof (including without limitation any and all titles, computer code, scripts, inventions, technology, themes, or Squarz-generated Content etc. and the coordination, selection and/or arrangement of such Content) are owned by Squarz or its licensors. As used in this Agreement, “Content” shall mean all text, posts, music, audio, video, designs, images, artwork, or other materials available on or through or transmitted to the Website.
3.Changes to Website. Squarz may change, modify, suspend, or discontinue any aspect of the Website at any time with or without notice. Squarz may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability.
4.Age.The Website is intended for access and use by persons 18 years of age or the age of majority in their jurisdiction of residence (whichever is greater). You represent that you are at least 18 years of age or the age of majority in their jurisdiction of residence (whichever is greater), and that the Account shall not be accessed by or created for any person under the age of 18 or the age of majority in their jurisdiction of residence (whichever is greater). Squarz and its sponsors reserve the right to cancel and nullify any transaction or prize award for violation of this provision.
5. Specific States Only. The Website is intended for access and use by persons residing within the contiguous states of the United States of America, specifically excluding Alaska, Hawaii, Rhode Island, Puerto Rico, Guam, US Virgin Islands and all territories of the United States. You represent that you are a resident of, and are domiciled in, these specific states , and you must provide a valid street address according to the United States Postal Service within the specific states in order to open and maintain an Account and in order to receive any mail or delivery related to your participation on the Website. Neither Squarz nor any sponsor of any item or prize on the Website shall be responsible for shipping any item or prize outside the continental United States under any circumstances. Squarz and its sponsors reserve the right to cancel and nullify any transaction or prize award for violation of this provision.
6.Proprietary Rights. The Website and the Content therein are the sole and exclusive property of Squarz and/or its licensors. You agree not to reproduce, duplicate, copy, distribute, transmit, broadcast, display, store, create derivative works based on, sell, resell or otherwise exploit for any commercial purpose or any purpose not permitted by these TOS, any portion of, or services offered through, the Website, and not to copy, reproduce, store or include any of the Website or the Content made available on the Website in any other website or public or private electronic retrieval system or service other than as expressly authorized by Squarz in writing. You further agree not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website and not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Website nor attempt to do any such thing. You hereby acknowledge and agree that, as between Squarz and you, all right, title, and interest in and to the Website and all Content displayed therein, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights relating thereto, shall be owned exclusively by Squarz and you have no rights to use any of the foregoing except as expressly permitted in this Agreement.. You agree to include, and not remove, obscure or alter, Squarz's trademark, copyright or other proprietary rights notices, on any Squarz material.
7.Ownership and Account. You understand and agree that you have no interest, monetary or otherwise, in any feature of or Content contained in the Website, including without limitation the Squarz account registered to you (the “Account”). You may not transfer, assign, purchase, sell or trade any Account or anything attached to the Account for anything of value without Squarz’s express written permission, and any attempt to do so without Squarz’s prior written consent shall be null and void. All information and data that you provide to us either at the time you register for an Account or at any subsequent time must be truthful, accurate and verifiable in all respects. By providing such information and data you consent to us submitting it to third party providers of age and identification services to verify that you are who you say you are and that the information you give is true and accurate. We reserve the right to use third party verification services to authenticate your account information and identity, and you expressly acknowledge and agree that we may confirm the accuracy of any information you submit against government-issued ID. If you have provided false information or if you are unable or unwilling to provide documentation to confirm your information, or we are unable to confirm your identity, your Account may be terminated and any and all activity within the Account deemed invalid. By registering an Account you grant us the right to disclose your identity and any information that you have provided in connection with your account to anyone who makes any claim or allegation that: (a) you are a minor or under the minimum age required to make use of any part of the Website; or (b) any Content or other material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or was otherwise posted or uploaded in breach of these TOS. You agree that we may at any time investigate your Account to ensure compliance with these TOS and to ensure that no improper or illegal activity is or has taken place, including without limitation fraudulent activity. In the event that it is determined that your Account has been involved in any of the above, we shall be entitled to use any and all money to the credit of your Account to meet any costs, expenses or liabilities reasonably incurred in conducting such investigation. We will refund to your Account any such fee if the inquiry is subsequently concluded in your favor.
8.Screen Name. You may be permitted to select a screen name to be associated with your Account and that may be visible to other users of the Website. We reserve the right in our sole and absolute discretion to deny or disallow any use or continued use of any such screen name if, in our judgment, it infringes the proprietary rights of any third party, is obscene, indecent, or offensive, or has the potential to be perceived as offensive by other users of the Website.
9.Copyrights and Trademarks. You shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right owned by a third party without their express permission. It is not Squarz’s responsibility to provide you with information concerning whether your postings are copyrighted or trademarked by others. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from anything you post on the Website and you agree to defend, indemnify and hold harmless Squarz, its parent, subsidiaries, agents, employees and affiliates, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys’ fees) incurred as a result of, arising from, or relating to any such claim of infringement.
10.Account Suspension/Deletion. SQUARZ MAY SUSPEND, TERMINATE, REJECT, MODIFY, OR DELETE YOUR ACCOUNT OR ANY OTHER ACCOUNT HELD BY YOU OR APPLIED FOR BY YOU AT ANY TIME IN OUR SOLE DISCRETION FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. ALL ACCOUNT ACTIVITY IS STRICTLY SUBJECT TO THE Code of Conduct, Terms of Sale, Privacy Policy, and the Squarz Official Game Rules. All decisions regarding the opening, maintenance and closing of Accounts rests with Squarz and any decisions it takes regarding any aspect of the Website, your participation in or the playing of the sweepstakes games or any aspect of an Account are final.
11.Additional Rules. You agree that you will read and abide by the Code of Conduct, Terms of Sale (see below), Privacy Policy, and the Squarz Official Game Rules, all of which are incorporated herein by this reference. You further agree that you will abide by all applicable laws in connection with your use of the Website.
12.Financial Transactions and Protection of Passwords. You acknowledge and agree that Squarz is authorized, but not required, to act on payment instructions received from anyone using the Account. You are responsible for keeping your username and password for the Account confidential and for any actions that may be taken by anyone using the Account after signing in with your username and password. You authorize Squarz to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made; and (b) initiate any other debits or charges authorized by you or anyone using the Account. All payments must be made via payment methods made available by Squarz.
13.No Scraping. All actions on the Website must be executed by persons via the supplied user interface. You agree that you will not use or enable any robot, spider, "offline readers," site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or reproduce or circumvent the navigational structure or Content of the Website without Squarz’s express prior written consent. If, in our reasonable discretion, we determine that an Account is employing such software, the Account will be disabled and all Account balances (including both deposits and any winnings) shall be forfeited.
14.Linking a.You may link to our home page with our permission, which you can request from help@squarz.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This permission may be revoked by us at any time.
b.You must not establish a link from any website that is not owned by you.
c.The Website must not be framed on any other website, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards we establish from time to time.
d.The Website may include hyperlinks to other websites or content or resources. We have no control over any websites or resources which are provided by companies or persons. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that we shall not be liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. We encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
15.Privacy Policy. You acknowledge that you have read and understand the Squarz Privacy Policy. You understand that Squarz may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, payment information and other information about you and your activities in response to a request by law enforcement, a court order or other legal process, or if Squarz believes that doing so may protect your safety or the safety of others.
16.Remedies. You acknowledge that Squarz may suffer irreparable damage if you breach any of the provisions governing ownership, the license granted or license limitations or other restrictions contained in these TOS. You therefore agree that if you breach any of these provisions, in addition to damages and reasonable attorneys’ fees, Squarz shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction without the necessity of proving actual damage or posting a bond.
17.DISCLAIMER OF WARRANTIES. THE WEBSITE IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED USE AND AVAILABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED. IN PARTICULAR, WE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (III) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18.LIMITATION OF LIABILITY. IN NO EVENT SHALL SQUARZ, ITS PARENT, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL SQUARZ, ITS PARENT, SUBSIDIARIES, AGENTS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES OR ANY CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE WEBSITE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SQUARZ'S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO SQUARZ FOR THE SQUARZ POOL FROM WHICH SUCH CLAIM AROSE. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING AND ENSURING YOUR COMPLIANCE WITH ANY LOCAL PROHIBITIONS AND/OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR ACTIVITIES ON THE WEBSITE, INCLUDING THOSE OF YOUR JURISDICTION OF RESIDENCE. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INTERNET DISRUPTIONS OR DISCONNECTIONS, AND ALL RISK AND RESPONSIBILITY FOR INTERNET CONNECTIVITY RESTS WITH YOU.
19.INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SQUARZ, ITS PARENT, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE WEBSITE OR ANY BREACH BY YOU OF THIS AGREEMENT, THE CODE OF CONDUCT, TERMS OF SALE, PRIVACY POLICY OR THE SQUARZ OFFICIAL GAME RULES.
20.User Content. "User Content" means any Content, communications, sounds, and all the material and information that you or anyone using the Account contributes through the Website. You hereby grant Squarz a perpetual, irrevocable, worldwide, paid-up, royalty-free, non-exclusive, and transferable license, including the right to sublicense to third parties, and right to use, reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, distribute, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof in any media formats and through any media channels now known or hereafter created. The above licenses granted by you in the User Content continue until a commercially reasonable time after you remove or delete your User Content from the Website. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
21.Viruses, Hacking and Other Offenses. You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately and you shall immediately forfeit all amounts in your Account as liquidated damages, and not as a penalty, insured as a consequence of such attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
22.Termination. This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account. You acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with the Account prior to termination of this Agreement. Squarz may terminate this Agreement at any time for any reason or no reason with or without notice by deactivating the Account.
23.Survival.All Sections of this Agreement that by their nature should survive termination will survive, including without limitation Sections 3-5, 7, and 11- 20.
24.Dispute Resolution and Governing Law. a.Binding Arbitration. Any dispute, controversy or claim of any kind related to this Agreement ("Dispute") (except those Disputes expressly excluded below) that cannot be resolved through information negotiations shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Squarz will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Squarz may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
b.Restrictions. You and Squarz agree that any arbitration shall be limited to the Dispute between Squarz and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
c.Exceptions. You and Squarz agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Squarz’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft or unauthorized use; and (3) any claim for injunctive relief.
d.Location. Arbitration shall be initiated and conducted in Chicago, Illinois, United States of America subject to the allowance for remote participation set forth above. The exclusive jurisdiction and venue for any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be a court of competent jurisdiction located in Chicago, Illinois, United States of America, and the parties expressly agree that they are subject to the personal jurisdiction of such court.
e.Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Illinois, without regard to choice of law principles.
f.Severability. You and Squarz agree that if any portion of this Section 22 is found illegal or unenforceable (except any portion of 22(c)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 22(c) is found to be illegal or unenforceable then neither you nor Squarz will elect to arbitrate any Dispute falling within that portion of Section 22(c) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Chicago, Illinois, United States of America, and you and Squarz agree to submit to the personal jurisdiction and venue of that court.
25.Miscellaneous. The terms set forth in this Agreement, including, without limitation, the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Squarz and you and inure to the benefit of Squarz’s licensors, successors, affiliates and assigns. Squarz would not be able to provide the Website on an economic basis without such limitations. . You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Squarz. You may not assign this Agreement, in whole or in part, without Squarz’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise, and there shall be no waiver by Squarz except as stated expressly in writing. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Squarz with respect to the Website and supersedes all prior agreements between you and Squarz pertaining to the Website. In no event shall Squarz be liable for any failure of performance resulting from causes beyond the reasonable control of Squarz, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
TERMS OF SALE
26.Except as provided in the Squarz Official Game Rules, all Vouchers or Discounts offered on the Website are promotional items that may be purchased from Merchants through Squarz to be used in exchange for goods and services at a discount from their actual cost or for the total purchase price of the goods and services. By placing an order for a Voucher or Discount from a Merchant through Squarz, you make an offer to purchase the Vouchers or Discounts you have selected on the terms and conditions stated herein, in addition to any other conditions or terms which may be imposed by the Merchant, and such offer will be accepted by Squarz either when all of the squares for the Squarz Pool have been purchased or claimed or the Reserve (as described in the Official Rules), if any, is met. Once an order has been placed, no refunds of the payment for the order will be issued by Squarz or the Merchant, except as expressly provided in these TOS.
27.The Voucher or Discount you purchase through Squarz is redeemable only for goods or services by the Merchant sponsoring the particular Voucher or Discount. The Merchant, not Squarz, is the seller of the Voucher or Discount and the Merchant is solely responsible for redeeming any Squeal you purchase.
28.Redemption, Use and Credit. Only one Voucher or Discount may be used per order unless otherwise specified by Merchant. If you redeem a Voucher for less than its face value, you will only be entitled to a credit or cash from the Merchant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $50 for a Voucher which entitles you to purchase $100 of product before March 15, 2011 and you make a purchase for $80 on March 14, 2011, the difference between the face value ($100) of the Voucher and the amount you redeemed on March 14, 2011 ($20) shall be a credit or cash payment to you only if required by applicable law. Discounts shall expire if not used by the expiration date where applicable. Reproduction, sale or trade is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these terms and conditions will render the Voucher or Discount void. Void to the extent prohibited by law.
29.Restaurant-Specific Deals. For this section, “Restaurant” shall be defined as a Merchant who offers food and/or beverage for sale and/or consumption in its regular business operations, and is making such food and beverages available to purchasers of Voucher and Discount deals. Use for alcoholic beverages is at the sole discretion of the Restaurant and shall be subject to compliance with applicable law. Restaurant-Specific Voucher and Discount deals cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant. Valid for dine in only unless otherwise stated.
30.Alcoholic Beverages. All purchases of Voucher and Discount deals for Restaurants may have statutory limitations on the amount of the Voucher or Discount that can be redeemed for alcoholic beverages. For example, for customers purchasing Voucher and Discount deals for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers and Discounts at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Squarz’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Squarz has no role in such determination or action on the part of the Merchant.
31.Non-Restaurant Deals. Voucher and Discount deals may be applied only to merchandise, services or experiences sold or offered by Merchant, and may not be applied to shipping or handling charges. Limit one (1) Voucher or Discount per redemption. The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law. Voucher and Discount deals cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
32.Lost Vouchers and Coupons. Neither Squarz nor the Merchant is responsible for lost or stolen Vouchers and Discounts or reference numbers. Reproduction, sale or trade of a Voucher or Discount is prohibited unless done so in compliance with applicable law.
33.One Redemption. All Voucher and Discount deals are redeemable in their entirety and on a one time basis only. Discounts and Vouchers may not be presented and redeemed incrementally, unless specified or allowed by the Merchant.
34.Merchant as Holder and Issuer. All Voucher and Discount deals shall be subject to the terms and conditions of Squarz and the participating Merchant, and Merchant shall be the seller of the goods or services which you are purchasing. The issuer of the Voucher and Discount deals on the Website are the Merchants.
35.Taxes. Squarz shall have no responsibility to collect or pay any taxes or duties. You agree to pay any sales taxes, duties or other amounts due any government or agency as a result of any purchase or use of any Voucher or Discount. You agree that any sales tax, if applicable, shall be collected from you by the Merchant.
36.Merchant Liability and Release of Squarz. As holder and issuer of the Voucher or Discount, the Merchant shall be fully and solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you or in respect to you, caused in whole or in part by the Merchant or the services or goods provided in connection therewith, as well as for any unclaimed property liability arising from unredeemed Voucher and Discount deals or portions thereof. You waive, and release Squarz and its officers, parent, subsidiaries, affiliates, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or Discount or the services/goods provided in connection therewith or compliance with applicable unclaimed property or compliance with other laws relating to the redemption of the Voucher and Discount deals or any portion thereof.
37.Redemption Credit Only Where Required by Law. Vouchers offered by Merchants may expire and lose their value after an expiration date, where permitted by applicable law. If required by law, the Merchant may be responsible for allowing you to redeem your Voucher for cash value (the amount you actually paid for the Voucher) for a period of time beyond the expiration date on the Voucher. In the event you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. If the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, please contact Squarz in writing with an explanation of the issue at help@squarz.com.