Terms of Service

Last updated March 24, 2022

Welcome to Freedom Squares! These Terms of Service (these "Terms" or
"TOS") are an agreement entered into by and between you ("you" or "your") and Freedom Squares Inc. ("Freedom Squares," "Company," "we," or "us").
These Terms, together with any documents they expressly incorporate by
reference, describe your rights and responsibilities as a Company user
("User") and govern your access to and use of our operating system, website and/or app web, including any content, functionality and services offered on or through https://www.freedomsquares.io/ (collectively, the "Freedom Squares Web3 Operating System"). This page also supplements the terms by which you may access or use our online application, services, software, documentation and other products (both tangible and intangible) provided by us or our affiliates, on or in connection with the Freedom Squares Web3 Operating System (collectively, the "Services" or "App"). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Notice. Except as set forth herein, the Service are owned and operated by Freedom Squares. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service by Freedom Squares.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU
UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY
INDIVIDUAL ARBITRATION PROVISION IN SECTION 19.2 (THE "ARBITRATION AGREEMENT") AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 19.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 19.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

1. Acceptance of Terms
By using or accessing any part of the Services, you agree to all of the terms
and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Services by
Freedom Squares. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the Services. Furthermore, Freedom Squares reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check the Company TOS and this page periodically for changes. Your continued use of the Services following the posting of any
changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services. If you are using the Services on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by this TOS even if Freedom Squares has aseparate agreement with you. If you do not agree, you may not use the Services.

2. Information Collection and Use
In order to provide our Services, Freedom Squares stores and processes
personal data that you have provided to us It's your responsibility to keep
your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing
software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to
malware/viruses/malicious programs, compromise your phone's security
features and it could mean that the Freedom Squares App won't work
properly or at all. Our collection and use of your information are described in
more detail in our Privacy Notice.
Additionally, the Service may include third party services that may collect
information used to identify you. Below are links to the privacy policies of
third-party service providers used by the App:
• [List and Link to Privacy Policies]
3. Use of a Crypto Address
In order to use all functionalities offered by Service you may be prompted to provide and verify the public blockchain address associated with your self-hosted crypto wallet used for transactional data on various blockchains (your "Crypto Address"). You understand that by providing any Crypto Address to
the Services, you do so at your own risk, and you consent that all applicable
blockchain crypto assets (including, but not limited to, cryptographically
secure non-fungible tokens, and other blockchain securitized tokens),
associated with your Crypto Address, may be publicly displayed.
4. Your Registration Obligations
Upon launching the Service, if you do not already have a registered Account
("Account"), you may be prompted to create one by providing and verifying a
username, a password and a valid email address and other information to
access or utilize certain applications or features. You agree that your Account and profile may include personal information you provide, and that we may
update your profile with information we extract from your identified Crypto
Address, including information related to your nonfungible token ownership
information, digital assets and other blockchain and smart contract related
information (e.g., transfers of tokens between accounts, the corresponding
smart contracts, amounts paid, and its properties as a digital asset) and you
permit us to share such information with others. Furthermore, we reserve the
right to reject any registration or to terminate your use of the Services in our
sole discretion, and without any liability to you.
5. Your Use of the Service
You may use the Services only if you can form a binding contract with
Freedom Squares, and only in compliance with this TOS and all applicable
local, state, national, and international laws, rules and regulations. Any use
or access to the Service by anyone under 13 (or under 16 in Europe) is
strictly prohibited and in violation of this TOS. Except as set forth in this TOS,
or as otherwise approved by Freedom Squares, the Services are for your
personal, non-commercial use unless you enter into a separate agreement
with Freedom Squares for your commercial use. The Service is not available
to you if Freedom Squares has previously removed, banned or terminated
your Account. You shall not, and shall not permit anyone else to, directly or
indirectly: (i) use any robot, spider, scraper, data mining tool, data gathering
or extraction tool, or any other automated means, to access, collect, copy or
record the Service or Service Content (as defined below); (ii) reverse
engineer, disassemble, decompile or otherwise attempt to discover the
source code or structure, sequence and organization of all or any part of the
Service (except as permitted by applicable law); (iii) rent, lease, resell,
distribute or use the Service for timesharing, service bureau, or to aggregate
purchases through the Service; (iv) copy, modify, alter or create derivative
works of any part of the Service or Service Content; (v) remove or alter any
proprietary notices or labels on or in the Service or Service Content; (vi)
identify or refer to Freedom Squares or the Service in a manner that could
reasonably imply an endorsement, relationship or affiliation with or
sponsorship between you (or a third party) and Freedom Squares, without
Freedom Squares’ prior express written consent; or (vii) engage in any
activity not otherwise permitted by this TOS or Freedom Squares’ policies,
including those activities prohibited by Section 8.1 (Certain Restrictions).
6. Account and Security
You are responsible for maintaining the confidentiality of your Account and
are fully responsible for all activities that occur under your Account, whether
or not authorized by you. You agree to (a) never share your Account with
anyone, (b) immediately notify Freedom Squares of any actual or suspected
unauthorized use of your Account or any other breach of security, and (c)
ensure that you exit from your Account at the end of each session. Freedom
Squares cannot and will not be liable for any loss, damage or other liability

arising from your failure to comply with this Section or from any
unauthorized access to or use of your Account.

7. Content
7.1. Service Content. You agree that all material, including without limitation
information, your Crypto Address, data, software, text, design elements,
graphics, images and other content (collectively, "Content"), contained in or
delivered via the Service or otherwise made available by Freedom Squares in
connection with the Service (collectively, "Service Content") is owned by
Freedom Squares and its licensors and is protected by copyrights,
trademarks, service marks, trade secrets or other intellectual property and
other proprietary rights and laws. Except as expressly authorized by
Freedom Squares in writing or solely as necessary for your use of the
intended functionality of the Service, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works of any Service
Content, or post any Service Content on any other website or in a networked
computer environment for any purpose. However, you may print or download
a reasonable number of copies of the Service Content for your own personal
informational or record-keeping purposes, provided that you retain all
copyright and other proprietary notices contained therein. Reproducing,
copying or distributing any Service Content for any other purpose is strictly
prohibited without the express prior written permission of Freedom Squares.
You shall use the Service Content only for purposes that are permitted by
this TOS and any applicable laws and regulations (foreign and domestic). Any
rights not expressly granted herein are reserved.
7.2. Freedom Squares’ License to Use Your Content. Your Crypto Address,
(including any and all crypto assets identified by or through your Crypto
Address), and any other data, text, graphics, images, illustrations, logos,
trademarks, service marks, copyrights, audio, videos, music, work of
authorship or information, comments, opinions, postings, messages, files, e-
mail, data or other materials (in whatever form) presented on your profile, or
otherwise uploaded to the Service by you is "Your Content." You hereby
grant to Freedom Squares a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, transferable, sublicensable (through multiple tiers)
right and license to use, reproduce, adapt, modify, distribute, translate,
publish, create derivative works based on, perform, display and otherwise
exploit Your Content in whole or in part, in any media now known or
hereafter developed, for any purpose whatsoever, and to allow others to do
so, without compensation to you or any third party. You represent and
warrant that you have all the rights, power, authority and authorization
necessary to contribute, provide and make available to Freedom Squares
and others Your Content and to grant the foregoing license, and that all Your
Content (i) does not infringe, violate, misappropriate or otherwise conflict
with the rights of any third party, (ii) complies with all applicable laws and
regulations (foreign and domestic), and (iii) that you have all authorizations,

consents, approvals and have made all disclosures required to provide Your
Content to Freedom Squares and to allow Freedom Squares to use Your
Content as provided in this TOS. Freedom Squares reserves the right to
remove any of Your Content from the Service at any time for any reason
(including, but not limited to, upon receipt of claims or allegations from third
parties or authorities relating to Your Content) or no reason.
8. Conduct
8.1. Certain Restrictions. You understand that you are liable for your use of
the Service, including for all Content, in whatever form, that you provide or
otherwise make available to or through the Service. You agree not to use the
Service to:
(i) upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, fraudulent,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; harm
minors in any way;
(ii) impersonate any person or entity, including, but not limited to, Freedom
Squares, or falsely state or otherwise misrepresent your affiliation with a
person or entity; forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
(iii) upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(iv) upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
intellectual property or proprietary rights of any person or entity; upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation, except in those
areas that are designated for such purpose and within the scope of such
designation;
(v) upload, post, email, transmit or otherwise make available any Content
that contains viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or to otherwise interact with the
Service in a manner not permitted by this TOS or expressly authorized by
Freedom Squares; or
(vi) interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; intentionally or unintentionally violate
any applicable law or regulation (foreign or domestic); stalk or otherwise
harass any person or entity.

8.2. Certain Remedial Rights. Freedom Squares does not pre-screen any
Content provided or made available by you or any third party in connection
with the Service, but Freedom Squares and its designees shall have the right
(but not the obligation) in their sole discretion to (i) monitor, alter, edit, or
remove any Content, in whole or in part, and/or (ii) suspend, rescind and
terminate your right to use the Service at any time (with or without notice)
for any reason or no reason. You acknowledge and agree that Freedom
Squares may preserve Your Content and may also disclose Your Content for
any reason (but subject to the terms of the Privacy Notice, as defined
herein), including, without limitation, if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims
that any of Your Content violates the rights of third parties; and/or (d)
protect the rights, property, or personal safety of Freedom Squares, its Users
and/or the public. You understand that the technical processing and
transmission of the Service, including Your Content, may involve (i)
transmissions over or storage using various networks; and/or (ii) changes to
conform and adapt to technical requirements of connecting networks or
devices.
9. Special Terms Regarding International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content and your use of
the Service. By way of example and not of limitation, you agree to comply
with all applicable laws and regulations (foreign and domestic) regarding the
transmission of technical data exported from the United States or the
country in which you reside. In addition, the Service may be subject to
United States export controls. No part of the Service may be exported or re-
exported into, or to a national or resident of, any country to which the U.S.
has embargoed goods and/or Service of the same type as the Service. By
using the Service or any part thereof (including by downloading any
software), you represent and warrant that you are not located in, and you
are not a national or resident of, any such country.
10. Indemnification
You agree to defend, indemnify and hold Freedom Squares and its affiliates,
licensors, suppliers, subcontractors, partners and agents, and each of its and
their respective officers, directors, agents and employees, harmless from any
and all damage (whether direct, indirect, incidental, consequential or
otherwise), loss, liability, cost and expense (including, without limitation,
reasonable attorneys' and accounting fees) resulting from any claim,
demand, suit, proceeding (whether before an arbitrator, court, mediator or
otherwise), investigation or settlement made by any third party due to or
arising out of Your Content, your use of, contribution to or connection with
the Service, your violation of this TOS or any of your policies, including your
refund policy, and/or your violation of any rights of another. Freedom

Squares shall provide notice to you of any such Claim that it receives,
provided that the failure or delay by Freedom Squares in providing such
notice shall not limit your obligations hereunder. Freedom Squares reserves
the right to assume the exclusive defense and control of any matter which is
subject to indemnification under this Section, and in such case, you agree to
cooperate with all reasonable requests in assisting Freedom Squares’
defense of such matter.
11. Service Modifications and Suspensions
Freedom Squares reserves the right at any time to, and from time to time
may, modify, suspend or discontinue, temporarily or permanently, the
Service (or any part thereof) for any reason or no reason with or without
notice. You agree that Freedom Squares shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
12. Termination
Freedom Squares, in its sole discretion, may terminate your Account and/or
your right to use the Service, and remove and discard any and all of Your
Content within the Service, at any time for any reason or no reason,
including, without limitation, if Freedom Squares believes that you have
violated or acted inconsistently with the provisions of this TOS. You agree
that any termination of your right to use the Service may be done without
prior notice and acknowledge and agree that Freedom Squares may
immediately deactivate or delete your Account and all related Content and
files related to your Account and/or bar any further access to such files or the
Service. Further, you agree that Freedom Squares shall not be liable to you
or any third party for any termination of your right to use or otherwise access
the Service. All provisions of this TOS that by their nature should survive
termination of your right to use the Service shall survive (including, without
limitation, all limitations on liability, releases, indemnification obligations,
disclaimers of warranties, and intellectual property protections and licenses).
13. Links
The Service may provide, or third parties may provide, links to other Internet
websites or resources. Because Freedom Squares has no control over such
websites and resources, you acknowledge and agree that Freedom Squares
is not responsible for the availability of such websites or resources and does
not endorse and is not responsible or liable for any content, advertising,
products, services or other materials on or available from such websites or
resources. You further acknowledge and agree that Freedom Squares shall
not be responsible or liable for any damage or loss caused or alleged to be
caused by or in connection with any use of or reliance on any such content,
advertising, products, services or other materials available on or through any
such website or resource.
14. Disclaimer of Warranties

THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FREEDOM SQUARES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. FREEDOM SQUARES MAKES NO
WARRANTY THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (II) ANY CONTENT OBTAINED THROUGH THE
SERVICE, OR THE SERVICE THEMSELVES (OR ANY PART THEREOF), WILL
MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICE WILL BE
CORRECTED. FREEDOM SQUARES IS NOT RESPONSIBLE AND SHALL HAVE NO
LIABILITY FOR YOUR CONTENT, PRODUCTS, SERVICE, ACTIONS OR
OMISSIONS IN CONNECTION WITH YOUR USE OF THE SERVICE; AND
FREEDOM SQUARES WILL HAVE NO LIABILITY WITH RESPECT TO ANY
WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE
THAT FREEDOM SQUARES HAS NO CONTROL OVER AND DOES NOT
GUARANTEE THE TRUTH OR ACCURACY OF ANY OF YOUR CONTENT OR
LISTINGS, OR THE ABILITY OF ANY END USER TO PERFORM, OR ACTUALLY
COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT
APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Notwithstanding the foregoing, you may report the misconduct of other
Users and/or third parties in connection with the Site or any Service to
Freedom Squares. Freedom Squares, in its sole discretion, may, but shall not
be obligated to, investigate the claim and take any action that it deems
appropriate.
15. Limitation of Liability
FREEDOM SQUARES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR
UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS
TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FREEDOM SQUARES HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF
SUBSTITUTE SERVICE, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE
AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE, OR (IV) ANY
MATTERS BEYOND FREEDOM SQUARES’ REASONABLE CONTROL. FREEDOM
SQUARES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR
CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. IN
ADDITION, FREEDOM SQUARES IS NOT AFFILIATED WITH, AND HAS NO
AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE
PROVIDER USED IN CONJUNCTION WITH THE SERVICE (INCLUDING, WITHOUT
LIMITATION, THE GATEWAY), AND FREEDOM SQUARES HAS NO
RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM,
THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREEDOM
SQUARES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER INFORMATION
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.
16. Release
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICE,
YOU HEREBY AGREE TO RELEASE FREEDOM SQUARES AND ITS AFFILIATES,
LICENSORS, SUPPLIERS, SUBCONTRACTORS, PARTNERS AND AGENTS, AND
EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND
EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND
EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND
THIRD PARTIES (INCLUDING OTHER FREEDOM SQUARES CUSTOMERS OR END
USERS) IN CONNECTION WITH THE SERVICE, YOUR ACCESS AND USE OF THE
SERVICE, OR ANY EVENTS LISTED THEREON.
17. Notice
Notices to you may be made via either e-mail or a United States mail
address, should you provide it. You hereby consent to receiving notice via e-
mail. Freedom Squares may also provide notices of changes to this TOS or
other matters by displaying notices or links to notices to you generally on the
Service. Any notice from you to Freedom Squares shall be made by
messaging Freedom Squares on Twitter @Freedom_Squares.
18. Trademark Information
The trademarks, service marks, and logos of Freedom Squares (the "
Freedom Squares Trademarks") used and displayed in connection with the
Service are registered and/or unregistered trademarks or service marks of
Freedom Squares. Other company, product, and service names used in
connection with the Service may be trademarks or service marks owned by
third parties (collectively with Freedom Squares Trademarks, the
"Trademarks"). The offering of the Service shall not be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed in connection with the Service without the prior
written consent of Freedom Squares specific for each such use. The
Trademarks may not be used to disparage Freedom Squares, any third party
or Freedom Squares’ or third party's products or Service, or in any manner
(in Freedom Squares’ sole judgment) that may damage any goodwill in the
Trademarks. Use of any Trademarks as part of a link to or from any site is
prohibited unless Freedom Squares approves the establishment of such a
link by prior written consent specific for each such link. All goodwill
generated from the use of any Freedom Squares Trademark shall inure to
Freedom Squares’ benefit.
19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
19.1. Governing Law. You agree that, except to the extent inconsistent with
or preempted by federal law, the laws of the state of California, without
regard to principles of conflict of laws, will govern this TOS and any dispute
that has arisen or may arise between you and Freedom Squares, except as
otherwise stated in this TOS. Any dispute that is not subject to arbitration or
cannot be heard in small claims court, shall be resolved in the state or
federal courts of Santa Clara County in the State of California, and the United
States, respectively, sitting in the State of California.
19.2. Arbitration Agreement. READ THIS SECTION CAREFULLY BECAUSE IT
REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM FREEDOME SQUARES. This
section (the "Arbitration Agreement") applies to and governs any dispute,
controversy, or claim between you and Freedom Squares that arises out of or
relates to, directly or indirectly: (a) this Agreement, including the formation,
existence, breach, termination, enforcement, interpretation, validity, or
enforceability thereof; (b) access to or use of the Service, including receipt of
any advertising or marketing communications; (c) any transactions through,
by, or using the Service; or (d) any other aspect of your relationship or
transactions with Freedom Squares, directly or indirectly, as a consumer
("Claim" or collectively, "Claims"). The Arbitration Agreement shall apply,
without limitation, to all Claims that arose or were asserted before or after
your agreement to this Agreement.
You can reject and opt-out of this Arbitration Agreement within 30 days of
accepting this Agreement by messaging Freedom Squares on Twitter
@Freedom_Squares with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration
Agreement does not affect any other part of this Agreement, including the
provisions regarding controlling law or in which courts any disputes must be
brought.
For any Claim, you agree to first message us on Twitter @Freedom_Squares
and attempt to resolve the dispute with us informally. In the unlikely event
that Freedom Squares has not been able to resolve a Claim after sixty (60)
days, we each agree to resolve any Claim exclusively through binding
arbitration by AAA before a single arbitrator (the "Arbitrator"), under the
Expedited Procedures then in effect for AAA (the "Rules"), except as provided
herein. In the event of any conflict between the Rules and this Arbitration
Agreement, this Arbitration Agreement shall control. AAA may be contacted
at www.adr.org, where the Rules are also available. The arbitration will be
conducted in the U.S. county where you live or California, unless you and
Freedom Squares agree otherwise. If you are using the Service for
commercial purposes, each party will be responsible for paying any AAA
filing, administrative and arbitrator fees in accordance with AAA rules, and
the award rendered by the arbitrator shall include costs of arbitration,
reasonable attorneys' fees and reasonable costs for expert and other
witnesses. If you are an individual using the Service for non-commercial
purposes: (i) AAA may require you to pay a fee for the initiation of your case,
unless you apply for and successfully obtain a fee waiver from AAA; (ii) the
award rendered by the arbitrator may include your costs of arbitration, your
reasonable attorney's fees, and your reasonable costs for expert and other
witnesses; and (iii) you may sue in a small claims court of competent
jurisdiction without first engaging in arbitration, but this does not absolve
you of your commitment to engage in the informal dispute resolution
process. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. You and Freedom Squares
agree that the Arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve any disputes relating to the
interpretation, applicability, enforceability or formation of this Arbitration
Agreement, including any claim that all or any part of this Arbitration
Agreement is void or voidable. The Arbitrator shall also be responsible for
determining all threshold arbitrability issues, including issues relating to
whether this Agreement, any provision of this Agreement, is unconscionable
or illusory and any defense to arbitration, including waiver, delay, laches,
unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Freedom Squares
from seeking injunctive or other equitable relief from the courts as necessary
to prevent the actual or threatened infringement, misappropriation, or
violation of our Service Content, data security, or other proprietary rights; or
preventing you from asserting Claims in small claims court, if your Claims
qualify and so long as the matter remains in such court and advances on
only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful,
in whole or in part, the void, unenforceable, or unlawful provision, in whole or
in part, shall be severed. Severance of the void, unenforceable, or unlawful
provision, in whole or in part, shall have no impact on the remaining
provisions of the Arbitration Agreement, which shall remain in force, or the
parties' ability to compel arbitration of any remaining claims on an individual
basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing,
if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or
unlawful, in whole or in part, because it would prevent you from seeking
public injunctive relief, then any dispute regarding the entitlement to such
relief (and only that relief) must be severed from arbitration and may be
litigated in a civil court of competent jurisdiction. All other Claims for relief
subject to arbitration under this Arbitration Agreement shall be arbitrated
under its terms, and the parties agree that litigation of any dispute regarding
the entitlement to public injunctive relief shall be stayed pending the
outcome of any individual Claims in arbitration.
19.3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND
ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE
SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS
MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS
ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND FREEDOM
SQUARES AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN
INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT
AFFECT OTHER FREEDOM SQUARES USERS. YOU AND FREEDOM SQUARES
FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND
FREEDOM SQUARES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR
TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION,
PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE
PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
20. Miscellaneous
20.1. Waiver. The failure or delay of Freedom Squares to exercise or enforce
any right or provision of this TOS shall not constitute a waiver of such right or
provision. No oral waiver, amendment or modification shall be effective
under any circumstance whatsoever.
20.2. Severability. If any provision of this TOS is found by court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of this TOS shall remain in full force and effect.
20.3. Captions. The section captions in this TOS are for convenience only and
have no legal or contractual effect.

20.4. Injunctive and Other Equitable Relief. You acknowledge that the rights
granted and obligations made to Freedom Squares under this TOS are of a
unique and irreplaceable nature, the loss of which may result in immediate
and irreparable harm to Freedom Squares for which remedies at law are
inadequate. Freedom Squares shall therefore be entitled to seek injunctive or
other equitable relief (without the obligation to post any bond or surety) in
the event of any breach or anticipatory breach by you. You irrevocably waive
all rights to seek injunctive or other equitable relief.
20.5. Assignment. Your rights and obligations under this TOS may not be
assigned by you without Freedom Squares’ prior written consent but are
freely assignable by Freedom Squares. Subject to the foregoing restriction,
this TOS will be binding on, inure to, and enforceable against the parties and
their respective successors and assigns.
20.6. Interpretation. You agree that the terms and conditions herein will not
be construed against Freedom Squares by virtue of having drafted them.
20.7. Entire Agreement. This TOS and the Privacy Notice constitutes the
entire agreement between you and Freedom Squares and governs your use
of the Service, superseding any prior or contemporaneous agreements,
proposals, discussions or communications between you and Freedom
Squares on the subject matter hereof. You also may be subject to additional
terms and conditions that may apply when you use affiliate Service, third-
party Content, third-party software or the Service in a manner other than as
governed by this TOS.
Changes To This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are
advised to review this page periodically for any changes. We will notify you
of any changes by posting the new Terms and Conditions on this page. If you
have any questions or suggestions about our Terms and Conditions, do not
hesitate to contact us on Twitter @Freedom_Squares.