My Square Feet

Terms of Use

Acceptance of Terms Through Use

By using MySquareFeet Web site (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Links to Third Party Sites

MySquareFeet site contains links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. Please review the linked site's use agreements, and if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy to our users, and such links do not imply our endorsement of any linked site.

Third Party Merchants

This Site may permit you to order or receive products and services from businesses that are not owned or operated by MySquareFeet. All matters concerning such orders are solely between you and such businesses. MySquareFeet does not endorse, warrant or guarantee such products and services, and is not liable for their quality, availability, usefulness or other characteristics.

MySquareFeet is not responsible for monitoring any transactions between you and third-party providers of products or services, or for ensuring the confidentiality of personal information you share with third party merchants.

Intellectual Property

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by MySquareFeet or our licensors. Except as described in our Privacy Policy (which is incorporated herein by reference), MySquareFeet, our licensors or affiliates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except where otherwise noted, you may download, print or view individual pages for your personal, noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by MySquareFeet. The use or misuse of any of these materials is strictly prohibited.

User's Grant of Limited License

As discussed in our Privacy Policy, by posting or submitting content to forums on the Site, you grant MySquareFeet and our affiliates and worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. MySquareFeet retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission.

Copyright Policy and Procedure for Claims Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, please refer to our Copyright Policy.

Accounts, Security, Passwords

Some services on this Site may require you to register. You must complete the registration process by providing us with current, complete and accurate information, as requested on the registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have completed the registration form, you may be asked to choose a password and user name. It is entirely your responsibility to maintain the confidentiality of your password and user name. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify MySquareFeet immediately of any unauthorized use of your account. MySquareFeet is not liable for any loss that you may incur as a result of someone else using your password or user name, either with or without your knowledge.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER MySquareFeet, NOR OUR AFFILIATES, SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MySquareFeet, OUR AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold MySquareFeet. and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Site or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all applicable local laws. MySquareFeet makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Jurisdiction, Choice of Law and Limitations

This Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Connecticut Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Connecticut, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to file any cause of action with respect to this Terms of Use or this Site within one year after the cause of the action arises. You agree that a cause of action filed after this date is barred.

Integration and Severability

This Terms of Use constitutes the entire agreement between MySquareFeet and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. The failure of MySquareFeet or any other party to insist upon strict performance of any provision of this Agreement shall not be construed as a wavier of any provision or right. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. MySquareFeet reserves the right, in its our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.