TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: September 24, 2015

The terms and conditions stated herein (collectively, the “Terms”) constitute a legal agreement between you and JoinUs, Inc., a Delaware corporation (the “Company”). In these Terms, “JoinUs”, “we”, “us” or “our” means JoinUs Inc., and/or “User”, “you” or “your” means any user of the Services (defined below).

JoinUs helps connect groups of people to have lots of fun. JoinUs provides an online mobile platform known as “Squad” that allows a User to create a unique personal profile, invite selected friends to form a group (a “Group”), and discover other Groups previously formed and listed in our mobile application, Squad, to potentially do things together and meet each other, which services are accessible by using our application for mobile devices (the “Application”). By using our website at http://www.getsquad.co (the “Site”) or the Application (together, the “Services”), you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Content (defined under “Ownership” below), and constitute a binding legal agreement between you and JoinUs. Please also read carefully our Privacy Policy at http://www.getsquad.co/privacy/. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

In order to use the Services you must agree to the terms and conditions that are set out below. By downloading, installing or using the Application, you hereby expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to these Terms as published from time to time at http://www.getsquad.co/terms/.

By accessing or using the Services or clicking “accept” or “agree” to these Terms, you acknowledge that you have read, understand and agree to be bound by these Terms. THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

Modification

JoinUs reserves the right, at its sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

How the Services Work

You and your friends create a Group in our Application. Each member of the Group will then have the ability to swipe through and discover other Groups listed in the Application. If there’s at least one person in each Group who swipes positively, every member of each Group will be able to chat with members of the other Group to get to know each other and potentially meet in person to do things together.

The Site is solely a landing page that provides Users information about our Services and where to download our Application. Our Application can be used by Users solely to create a Group and invite other Groups to join in selected activities or events. Our responsibilities are limited to facilitating the availability of the Services.

The Application uses GPS locator capabilities to identify your location at the time of use in order to identify nearby Groups that you may want to meet. You may opt out of this feature by changing your account preferences.

In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Services provide to you in creating Groups and locating and inviting other Groups to join you in selected events or activities, the ultimate decision to utilize the information provided by the Services and to communicate with, and meet members of, other Groups remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Services and/or deciding to actually communicate with, and meet members of, other Groups. JoinUs assumes no responsibility or liability for the safety of any User of our Services.

Account Registration

You may access our Application without registering or creating an account (“Squad account”). You may also login to our Application using Facebook, or by creating a Squad account directly on our Application using an email address and password. When creating a Squad account, you will be required to provide certain personal information about yourself, including your age. If you choose to register your Account using your Facebook account, we will extract certain personal information from your Facebook account, such as your name, age, email address and other personal information that your privacy settings on your Facebook account permit us to access.

We will create your Squad account and your Squad account profile page for your use of the Application based upon the personal information you provide to us. You may not have more than one (1) active Squad account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. JoinUs reserves the right to suspend or terminate your Squad account and your access to the Services if you create more than one (1) Squad account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Squad account, whether or not you have authorized such activities or actions. You will immediately notify JoinUs of any unauthorized use of your Squad account.

The Services enable a User to email or text a link to his/her contacts to download the Application, but we would only do so if the User manually chooses to send such link.

Prices

Our Services are currently free of charge.

Content and Content Rights

For purposes of these Terms: “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and “User Content” means any Content that Squad account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.

Content Ownership, Responsibility and Removal

JoinUs does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, JoinUs exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to JoinUs a perpetual, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Squad account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by JoinUs on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by JoinUs

Subject to your compliance with these Terms, JoinUs grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal and non-commercial use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. JoinUs reserves all rights in the Application not expressly granted to you by these Terms.

Other Perks

You may obtain certain perks through the Application (“Perks”) by engaging in certain actions (for example, by successfully inviting at least 10 friends to join a Group), including, for example, discounts to use third-party service providers. The scope, variety and type of Perks that we may offer can change at any time. JoinUs has the absolute right to manage, regulate, control, modify or eliminate such Perks as it sees fit in its sole discretion, and JoinUs will have no liability to you or any third party for the exercise of such rights at any time. All Perks are forfeited if your Account is terminated or suspended for any reason, in JoinUs’ sole and absolute discretion, or if JoinUs discontinues providing the Perks.

User Conduct

The Services are offered solely for User’s personal use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):

You further agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. This provision is not meant to be exhaustive, and JoinUs reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Squad account and exclusion from further participation in the Services.

JoinUs has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. JoinUs may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against JoinUs or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of JoinUs , its users, or members of the public. You acknowledge that JoinUs has no obligation to monitor your access to or use of the Site, Application or Services or to review any Feedback (as defined below), but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

Safety and Security

While we take steps to provide a safe user environment in our online community, JoinUs is not responsible for the conduct, whether online or offline, of any User of its Services.

Disclosure to Protect Abuse Victims

Notwithstanding any other provision of these Terms, JoinUs reserves the right, but has no obligation, to disclose any information that you submit to the Service if in its sole opinion JoinUs suspects or has reason to suspect that the information involves a party who may be the victim of abuse in any form. Information may be disclosed to authorities that JoinUs, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include without limitation law enforcement agencies or court officials. You hereby acknowledge and agree that JoinUs is permitted to make such disclosures.

JoinUs’ Enforcement Rights

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Privacy Policy

JoinUs is committed to helping you safeguard your privacy online. Each User must review our privacy policy for details about how we collect and use information about the use of the Services.  JoinUs’ privacy policy is expressly incorporated herein by this reference.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that JoinUs is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JoinUs of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@getsquad.co or through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of JoinUs and you hereby irrevocably assign to JoinUs and agree to irrevocably assign to JoinUs all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At JoinUs’ request and expense, you will execute documents and take such further acts as JoinUs may reasonably request to assist JoinUs to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Technical Requirements

Use of the Services requires internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services. JoinUs does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. The user interface and functionality may not be the same across all platforms and devices. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. JoinUs is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may deactivate your Squad account at any time by clicking the “Deactivate” button within your Settings page. When you deactivate your account, your profile and Squad account will not be viewable by other members of the Services. If you do not reactivate your account within 60 days, your Squad account will be terminated and closed. Upon any termination, discontinuation or cancellation of Services or your Squad account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Communications

JoinUs may send you email messages to provide you information regarding our Services. We may send push notifications to User’s device or contact User through the Application or via SMS (if phone number is provided) for any reason that relates to the User’s use of the Application. You hereby expressly consent to receiving such email and/or SMS messages.

You may report a problem to us regarding any User or Group listed on our Application, but we cannot guarantee that we will contact such User or Group to remedy such problem.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOINUS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (A) THESE TERMS, (B) ANY USE OF THE SITE, APPLICATION OR SERVICES, (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES), OR (D) OR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ANY OTHER REGISTERED USERS. SOME JURISDICTIONS DO NOT ALLOW THESES EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF JOINUS OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS OR AGENTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO JOINUS FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOINUS AND YOU.

IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE CONTENT.

You and JoinUs understand and agree that the disclaimers, exclusions and limitations in this Section titled “Liability Limitations” and in the Section below titled “Disclaimer of Warranties” are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that JoinUs would be unable to make the Services available to you except on these terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Disclaimer of Warranties

THE SERVICES, ALL CONTENT, AND ANY OTHER INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. JOINUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. JOINUS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT JOINUS WILL REVIEW THE FEEDBACK. JOINUS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, THE SITE, THE APPLICATION OR ANY COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF JOINUS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOINUS OR THROUGH THE SITE, APPLICATION, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to release, defend, indemnify, and hold JoinUs and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site, Application or Services, or your violation of these Terms; (b) your Feedback; and (c) the creation of a Group by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the creation of a Group by you and any interaction your Group may have with other Users or Groups listed in our Application.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application 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 Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between JoinUs and you regarding the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JoinUs and you regarding the Site, Application and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without JoinUs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JoinUs may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by JoinUs (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York County, New York or a United States District Court located in New York County, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Dispute Resolution provision below.

Dispute Resolution

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and JoinUs or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and JoinUs must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR JOINUS MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, JoinUs will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) JoinUs also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or JoinUs may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York County, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor JoinUs shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York County, New York.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

General

You agree that no joint venture, partnership, or employment relationship exists between you and JoinUs as a result of these Terms or use of the Services. Further, no joint venture, partnership, or employment relationship exists between JoinUs and any Group listed in the Application. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect.  The failure of JoinUs to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JoinUs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contacting JoinUs

If you have any questions about these Terms, please contact JoinUs at info@getsquad.co.