TERMS AND CONDITIONS

Last Updated: July 17, 2019

This Website is owned and operated by PetitSquares Limited and is located at petitsquares.com. Throughout the site, the terms “PetitSquares”, “we”, “us” and “our” refer to PetitSquares Limited. These Terms and Conditions (“Terms”, “Terms of Service”) apply to all visitors, users, browsers, vendors, customers, merchants, content contributors and others who access this Website, as well as your use of any or all of PetitSquares’ products sold by PetitSquares (“Products”). Please carefully review these Terms. By visiting our site and/ or purchasing our Products from our site, you engage in our “Service” and agree to be bound by the following Terms of Service including our Privacy Policy referenced herein. If you do not agree to all of these Terms, do not access our Website or use our Products.

PetitSquares reserves the right to update or modify these Terms at any time without prior notice. All new features, tools or products that are added to the current Website will be subject to these Terms of Service. It is your responsibility to review these Terms whenever you purchase PetitSquares Products or use our Website. Your continued use of, or access to, our Website subsequent to any changes constitutes acceptance of those changes.

PRODUCT SALES, FULFILMENT AND AVAILABILITY

Information about the Products available for purchase is outlined on our Website. All prices are displayed and charged in U.S. Dollars and are valid and effective only on this Website. We reserve the right to update and/or change our prices for our Products without prior notice. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. We reserve the right to change any feature, content, specification, description of any PetitSquares Product without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. PetitSquares cannot guarantee variances in colour, shade, size, and construction of Products. We reserve the right to change, correct or improve Products without notice. Photographic colours may not be representative of true product colours. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to announce the delay and notify once the product comes back in stock. By placing an order, you represent that the PetitSquares Products ordered will be used only in a lawful manner.

PetitSquares reserves the right to refuse any order of PetitSquares Products placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account and/or orders that use the same billing and/or delivery address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the PetitSquares Website. You agree to promptly update your account and other information, including your email address and delivery address, so that we can complete your transactions and contact you as needed.

 

CHARGES AND PAYMENTS

Payment for all PetitSquares Products is due in advance of delivery and/or Pickup and at the time of placing the order. For all charges for any Products sold on the Website, we will charge your PayPal account or any Credit or Debit card that is used through the PayPal platform provided or we will accept payment through Direct Bank Transfer. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse PetitSquares for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. We may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You shall provide us with written notice of any disputed charges within 10 business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.

DELIVERY POLICIES

PetitSquares delivers locally and internationally mainly through Jamaica Post. We reserve the right to determine which delivery carriers may be available to deliver your purchased PetitSquares Products. Your order will be delivered to the address designated by the purchaser upon ordering as long as that delivery address is compliant with the delivery restrictions of the delivery carrier being used. Delivery charges are based on the delivery option given, the location for delivery and the total weight of the Products being delivered. In the event that, based on the delivery address provided, our third party delivery carriers are unable to deliver your product(s), you will be contacted to pick up the product at a specified location. Please see our Delivery Policy for further information. Risk of loss and title for items purchased from this Website are transferred to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. PetitSquares does not guarantee any particular delivery date and is not responsible for any delays. By purchasing PetitSquares Products for delivery, you accept and agree to these terms.

RETURN POLICIES

All returns should be accompanied by a Return Authorisation Form. Your return will not be accepted without this form. In the event that the return or exchange is due to an incorrect order or faulty product, PetitSquares will be responsible for the delivery costs associated with such return. In all other cases, you will be responsible for the return. Please refer to our Return Policy for further details.

PROMOTIONAL CODES/COUPON CODES

On occasion, PetitSquares may issue promotion codes or coupon codes though our website, emails, social media pages, blog posts or Brand Ambassadors that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient(s); these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes or coupon codes may not be combined. We are not responsible for any financial loss arising out of our refusal, cancelation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code or coupon code for any reason.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site

COPYRIGHT, TRADEMARK, AND OWNERSHIP

All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by PetitSquares or its Content providers. All elements of the Website, including, without limitation, PetitSquares’ trademarks, service marks, trade names (including the PetitSquares’ name, logos, the Website name, and the Website design), and other Content, are protected by copyright, trademark and other laws relating to intellectual property rights and owned by PetitSquares. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorised to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or PetitSquares’ trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without PetitSquares’ prior written consent.

PetitSquares is a registered trademark by the Jamaica Intellectual Property Office (“JIPO”). All other PetitSquares trademarks, domain names, logos, and company names referred to on the Website are the property of PetitSquares or its affiliates or licensors. In countries where any PetitSquares’ trademarks, domain names, logos, or company names are not registered, PetitSquares claims all rights associated with unregistered trademarks, domain names, logos, trade name, and company names. You may not use any trademark, domain name, logo, company name, or trade name of PetitSquares without written permission from PetitSquares. PetitSquares prohibits the use of PetitSquares trademarks as a “hot” link on or to any other Website unless PetitSquares approves the establishment of such a link in writing in advance. The Website, its Content and all related rights shall remain the exclusive property of PetitSquares or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

If you operate as a reseller of the PetitSquares Products, then as between you and PetitSquares, all trademarks, trade names, trade dress, endorsements, icons, designs and logos, as well as any other text or images that appear on packaging or collateral materials, and used in connection with the marketing, promotion and/or sale of PetitSquares Products (collectively, the “Trademarks”) are and shall remain the sole and exclusive property of PetitSquares.

 

PetitSquares grants to you the non-exclusive, non-transferable and non-sub-licensable right to use the Trademarks solely in connection with its promotion, marketing, and sale of the PetitSquares Products pursuant to these Terms, and only in a manner (a) consistent with the maintenance of the Trademarks and (b) that preserves and protects such Trademarks under applicable law. You shall promote, market, and sell the PetitSquares Products using only the Trademarks. When using the Trademarks, you shall comply with all PetitSquares’ reasonable requests regarding the appearance of the Trademarks on promotional or marketing materials, including but not limited to with respect to use of the ™ and ® designations.

 

USER CONTENT

We welcome you to submit content such as your reviews about PetitSquares Products, your stories of consuming PetitSquares Products, and/or your recipes using PetitSquares Products to the Website (collectively referred to as “User Content”). User Content remains the intellectual property of the individual user. Unless you and PetitSquares have expressly agreed otherwise in writing, by submitting content to our Website, you expressly grant PetitSquares a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, for the purposes of communication, marketing, merchandising, publicity and any other ancillary uses thereof. All User Content is deemed non-confidential and PetitSquares shall be under no obligation to maintain the confidentiality of any information contained in any User Content. To send a request to have content that you have posted or submitted removed, contact us at info@petitsquares.com.

User Content does not represent the views of PetitSquares or any individual associated with PetitSquares, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, PetitSquares’ endorsement of User Content. PetitSquares does not vouch for the accuracy or credibility of any User Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website.

UNSOLICITED SUBMISSIONS POLICY

PetitSquares is pleased to hear from its loyal users and welcomes your comments regarding PetitSquares and PetitSquares Products. Except where PetitSquares specifically requests comments or submissions, PetitSquares does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested.

This policy is designed to avoid misunderstandings if projects developed by PetitSquares’ professional staff seem to others to be similar to their own creative work. Accordingly, PetitSquares requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against PetitSquares (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant PetitSquares a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release PetitSquares (and our partners, agents, ambassadors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

 

NOT MEDICAL ADVICE

 

PetitSquares aims to provide high quality Matcha and Matcha products to its consumers. The statements regarding the nutritional and health benefits stated on our Website and packaging are based on our understanding of Matcha. The statements of health benefits on the Website or the packages of PetitSquares Products have not been evaluated by the Ministry of Health. Consult your healthcare professional if you have a health condition, or are pregnant or nursing, prior to consuming PetitSquares Products.

INFORMATION PROVIDED ON THE WEBSITE ABOUT TESTS, CONDITIONS, EFFECTS, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE WEBSITE DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION.

USE OF THE WEBSITE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS.  YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE WEBSITE SHALL NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE.

LINKS TO OTHER WEBSITES

Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. From time to time, this Website may contain links to third-party Websites that are not owned, operated or controlled by PetitSquares. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for examining or evaluating the content or accuracy of such Websites and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

 

ACCOUNT REGISTRATION AND SECURITY.

 

You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If PetitSquares suspects that such information is untrue, inaccurate, not current or incomplete, PetitSquares has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account, so you should take reasonable steps to protect this information.

PRIVACY

 

Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

 

FORCE MAJEURE

 

PetitSquares is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

REPRESENTATIONS AND WARRANTIES

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent and warrant the following:

  • you are over the age of 18 and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein;

  • you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Website;

  • if necessary, you have the written consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Website and these Terms, and each such person has released you from any liability that may arise in relation to such use;

  • you have read, understood, agree with, and will abide by the terms and conditions of this agreement;

  • PetitSquares’ use of any information you have submitted as contemplated by the Terms and the Website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity;

  • your User Content does not contain:

    • material falsehoods or misrepresentations that could harm PetitSquares or any third party;

    • content that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;

    • advertisements or solicitations of business; or

    • impersonations of third parties, other than those which are readily apparent.

 

DISCLAIMERS

 

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED DELIVERED OR SOLD TO YOU BY US ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT ANY REPRESENTATION, WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR PETITSQUARES PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR PRODUCTS WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER PETITSQUARES NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR PRODUCTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PETITSQUARES OR THROUGH PETITSQUARES’ WEBSITE, AND PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY

PETITSQUARES DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO CASE WILL PETITSQUARES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR PRODUCTS CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT PETITSQUARES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT. IN THE EVENT OF ANY PROBLEM WITH THE PETITSQUARES PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO CEASE USING THE PETITSQUARES PRODUCTS AND FOLLOW THE RETURN POLICY IF APPLICABLE. IN NO EVENT SHALL PETITSQUARES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE VALUE OF YOUR PURCHASE ON THE WEBSITE.

INDEMNIFICATION

You agree to defend, indemnify and hold PetitSquares, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) any claim or damages that arise as a result of any information or material that you provide to PetitSquares; (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code, or (vi) your use of the PetitSquares Products.

TERMINATION

 

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that PetitSquares may permanently delete any data you submit through this Website at any time without notice. You understand and agree that PetitSquares will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data

 

GENERAL

Any and all disputes directly or indirectly arising out of or related to the Terms, the Website or PetitSquares Products will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms, the Website or PetitSquares Products must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and PetitSquares Products.

We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by PetitSquares in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and PetitSquares with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.

 

ALL RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO PETITSQUARES.