Terms & Conditions

Terms of Use

Square Circle Inc. Terms of Use (Individual)

The following terms and conditions govern all use of the Square Circle Inc. service and all content, services and products. You agree that by registering on Square Circle, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Square Circle  services (collectively “Square Circle ” or the “Services”), you are entering into a legally binding agreement with Square Circle  Inc. based on the terms of this Square Circle  User Agreement and the Square Circle  Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Square Circle  user (“User”). If you are using Square Circle  on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Square Circle User, do not conclude the Agreement, do NOT click “Sign-up with Square Circle ” and do not access, view, download or otherwise use any Square Circle  webpage, information or services. By completing the sign-up process you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By completing the sign-up process you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one. Please note that the Square Circle  User Agreement and Privacy Policy are also collectively referred to as Square Circle ’s “Terms of Service.”

YOUR OBLIGATIONS
Applicable laws and this Agreement

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections: You own the information you provide Square Circle  under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. If you delete information, Square Circle  will use reasonable efforts to remove it from your profile, but you acknowledge that caching or references to this information may not be made immediately unavailable. By submitting information to us for inclusion on your profile, you grant Square Circle  a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. You also represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Square Circle profile information accurate and updated.

User Account Registration

In order to access certain features of the Square Circle site and application, and to connect with other users you must register to create an account. We will create your Square Circle account and your Square Circle account profile for your use of the site and application based upon the information you provide to us. You may not have more than one (1) active Square Circle 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. Square Circle reserves the right to suspend or terminate your Square Circle account and your access to the site, application and other services if you create more than one (1) Square Circle Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

User Profile Information

While Square Circle requires users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity or reputation. You are responsible for determining the identity and suitability of users or others who you contact via the Square Circle service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. User profiles may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. User profiles may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Square Circle disclaims any responsibility for any harm resulting from the use by visitors of user profiles, or from any downloading by those visitors of any content posted. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Square Circle site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Square Circle with respect to such actions or omissions.

Interactions With Other Users

Square Circle is not a Speakers Bureau. Square Circle acts as an information service for event organizers and speakers and charges subscription fees for premium listings on its online site. Square Circle does not act as an agent to schedule speakers, negotiate speaker fees, nor does it collect any fees related to speaker appearances or product sales. Any fees displayed in speaker listings on the site are guidelines provided by the speaker or their representative. Square Circle accepts no responsibility for the accuracy of these fees.

As a Square Circle user, if you are an event organizer you may create sessions with individual speaking opportunities for upcoming speaking events. You will be asked a variety of questions about the event to be listed, including, but not limited to, the speaking engagement type, session location, audience size, financial terms and other related rules. In order to be featured in Square Circle , all events must have valid information. This information will be made publicly available via the Square Circle site. Other users (speakers) will be able to respond to your event listing. You acknowledge and agree that you are solely responsible for any and all information you post. Accordingly, you represent and warrant that any information you post and the booking of any speaker you book will not breach any agreements you have entered into with any speaker bureaus, sponsors or other third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply and; b) not conflict with the rights of third parties. Any agreement you enter into with another user is between you and the other user and Square Circle is not a party thereto.

Non-registered Event organizer and Media users sending inquiries through a speaker’s “public profile” will have a free Square Circle account registered in their name and receive login relevant information for which monitor the status of their inquiry.

Square Circle makes certain tools and information available to its users to help them make informed decisions about which users they choose to communicate and connect with. Users of the Square Circle service, not Square Circle , are solely responsible for honoring any confirmed bookings. Financial or other consequences resulting from a failure of either an event organizer, organization or individual speaker to honor a booked speaking engagement is the responsibility of the speaker and event organizer. If you, as a user of the Square Circle service, choose to enter into an agreement or transaction with another user of the service, you understand and agree to accept any terms, conditions, rules and restrictions associated with such arrangement with the other user. Square Circle does not the vouch for the abilities of an individual speaker or the quality of an event or session. You acknowledge and agree that you, and not Square Circle , will be responsible for performing the obligations of any such agreements, and Square Circle is not a party to such agreements and disclaims all liability arising from or related to any such agreements. Square Circle reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if Square Circle determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

Content Posted on Other Profiles

We have not reviewed, and cannot review, all of the material, including computer software, made available through the profiles and web pages to which Square Circle links, and that link to Square Circle . Square Circle does not have any control over those non-Square Circle profiles and web pages, and is not responsible for their contents or their use. By linking to a non- Square Circle profile or webpage, Square Circle does not represent or imply that it endorses such profile or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Square Circle disclaims any responsibility for any harm resulting from your use of non-Square Circle profiles and web pages.

Username Conflicts

Provisioning of usernames is at the sole discretion of Square Circle . Square Circle does not permit the practice of deliberately claiming a recognizable name that does not belong to the claimant (ie. “name squatting”). Beyond prevention of infringement on trademarks, brands and DBA names, Square Circle is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a notable professional, celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, Square Circle reserves the right to suspend or delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant. You must not describe or assign keywords or tags to your Square Circle profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Square Circle may change or remove any description, keyword or tag that it considers inappropriate or unlawful, or otherwise likely to cause Square Circle liability.

Copyright Policy

If you believe that material located on or linked to by Square Circle violates your copyright, you are encouraged to notify Square Circle. Square Circle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Square Circle or others, Square Circle may, in its discretion, terminate or deny access to and use of the Profile. In the case of such termination, Square Circle will have no obligation to provide a refund of any amounts previously paid to Square Circle . Our copyright policy and procedures can be found here.

Service Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Square Circle account, (3) are not a competitor of Square Circle or are not using the Services for reasons that are in competition with Square Circle ; (4) will only maintain one Square Circle account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Square Circle , including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and Internet access necessary to use the Services.

Sign-In Credentials

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; and (4) refrain from selling, trading, or otherwise transferring your Square Circle account to another party. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Square Circle ’s customer service site.

Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any booked speaking events you initiate through the Square Circle service and (4) any additional activity in which you engage on or through Square Circle .

Fees and Payment

Optional premium paid services are available on Square Circle. By selecting a premium service you or your organization agrees to pay Square Circle the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable. If you purchase any services that we offer for a fee, either on a one- time or subscription basis (“Premium Services”), you agree to Square Circle storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that Square Circle ’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

Services Fees Payment

Square Circle reserves the right to change the payment terms and fees for its services upon thirty (30) days prior written notice to you. You at can cancel premium services anytime on 30 days written notice to Square Circle .

Support

Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email (with reasonable efforts by Square Circle to respond) concerning the use of the Services. Square Circle reserves the right to provide priority support services for premium paid customers that takes priority over support for users of the standard, free Square Circle profile services.

Notify Us of Acts Contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

Notifications and Service Messages

For purposes of service messages and notices about the Services to you, Square Circle may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Square Circle to an email address associated with your account, even if we have other contact information. You also agree that Square Circle may communicate with you through your Square Circle account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Square Circle account or services associated with Square Circle . Please review your Settings to control what kind of messages you receive from Square Circle . You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

Privacy

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

Contributions to Square Circle

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Square Circle through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Square Circle is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Square Circle shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Square Circle may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Square Circle all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Square Circle under any circumstances.

YOUR RIGHTS

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Square Circle or its Users), view information and use the Services that we provide on Square Circle web pages and in accordance with this Agreement. Any other use of Square Circle contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Square Circle commercially unless expressly authorized by Square Circle ) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Square Circle and all related items, including any and all copies made of the Square Circle website.

OUR RIGHTS AND OBLIGATIONS
Services Availability

For as long as Square Circle continues to offer the Services, Square Circle shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Square Circle as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Square Circle , partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Square Circle further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Square Circle to be contrary to this Agreement. For avoidance of doubt, Square Circle has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. From time to time, Square Circle will be required to be offline for scheduled updates and feature enhancements.

Third Party Sites and Developers

Square Circle may include links to third party web sites (“Third Party Sites”) on www.squarecircleglobal.com, developer.Square Circle .com, and elsewhere. Square Circle may enable third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Square Circle through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Square Circle is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Square Circle also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate to or connect with your Square Circle account, that application or website can access information on Square Circle related to you and your connections.

Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Square Circle , our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy.

DISCLAIMER

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON Square Circle , ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR Square Circle AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Square Circle DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Square Circle OR ANYTHING RELATED TO Square Circle , YOU MAY CLOSE YOUR Square Circle ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. Square Circle IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES, TRANSMISSION OF ANY OTHER USER GENERATED CONTENT SENT THROUGH Square Circle TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. Square Circle DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS OR ORGANIZATIONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Square Circle DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

SERVICE INTERRUPTION

Square Circle DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Square Circle DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Square Circle DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Square Circle SITE DUE TO INAPPROPRIATE

EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

LIMITATION OF LIABILITY

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CUSTOMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither Square Circle nor any of its affiliated companies, employees, shareholders, or directors (“Square Circle Affiliates”) shall be cumulatively liable for (a) any damages; or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Square Circle . This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: a) Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and b) Not apply to any damage that Square Circle may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement; c) Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

TERMINATION

Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to Square Circle . This notice will be effective upon Square Circle processing your notice. Square Circle may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Square Circle or the party paying for the services may terminate your access to any Premium Services. Termination of your Square Circle account includes disabling your access to Square Circle and may also bar you from any future use of Square Circle .

Misuse of the Services

Square Circle regularly audits all profiles to ensure they are in keeping with both the specific terms and intention of the service. Square Circle may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the Square Circle messaging services; creating multiple or false profiles; using the Services commercially without Square Circle ’s authorization, using the services in an overly commercial or advertorial purpose, infringing any intellectual property rights, or any other behavior that Square Circle , in its sole discretion, deems contrary to its purpose.

Effect of Termination

Upon the termination of your Square Circle account, you lose access to the Services.

GENERAL TERMS
Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

Language

Where Square Circle has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Square Circle .

Notices and Service of Process

We may notify you via postings on www.SquareCircleglobal.com. You may contact us here. Additionally, Square Circle accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Square Circle services, third-party content or third party software.

Amendments to this Agreement

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.SquareCircleglobal.com or notifying you otherwise. For example, Square Circle presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time.

No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Square Circle Affiliate shall be deemed legally binding on any Square Circle Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Square Circle .

No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, effective upon notice to you, Square Circle Inc. for any third party that assumes our rights and obligations under this Agreement.

Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here.

Square Circle USER OBLIGATIONS

As a condition to access Square Circle , you agree to this User Agreement and to strictly observe the following

OBLIGATIONS: Do undertake the following: Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and update it as necessary; Review and comply with our Privacy Policy; Review and comply with notices sent by Square Circle concerning the Services; and Use the Services in a professional manner.

Do not undertake the following:

  • Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Square Circle ;
  • Publish inaccurate information in the designated fields on user profile form. Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature to parties you do not wish to connect with;
  • Create a user profile for anyone other than a natural person;
  • Harass, abuse or harm another person, including sending unwelcomed communications to others using Square Circle ; Invite people you do not know to connect on Square Circle ;
  • Upload a profile image that is not your likeness or a head-shot photo; Use or attempt to use another’s account without authorization from the Company, or create a false identity on Square Circle ;
  • Upload, post, email, send internal communications, or otherwise make available or initiate any content that: Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  • Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Square Circle );
  • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Square Circle invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Square Circle to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
  • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Square Circle or any User of Square Circle ; Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Square Circle (excluding content posted by you) except as permitted in this Agreement, Square Circle ’s developer terms and policies, or as expressly authorized by Square Circle ;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof Utilize or copy information, content or any data you view on and/or obtain from Square Circle to provide any service that is competitive, in Square Circle ’s sole discretion, with Square Circle ;
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by Square Circle unless you have entered into a written agreement with Square Circle (this includes, but is not limited to, representing yourself as an accredited Square Circle trainer or agent if you have not been certified by Square Circle as such);
  • Adapt, modify or create derivative works based on Square Circle or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Square Circle ’s developer program;
  • Rent, lease, loan, trade, sell/re-sell access to Square Circle or any information therein, or the equivalent, in whole or part;
  • Deep-link to the Square Circle site for any purpose, (i.e. including a link to a Square Circle web page other than Square Circle ’s home page) unless expressly authorized in writing by Square Circle or for the purpose of promoting your profile or a Group on Square Circle as set forth in the Brand Guidelines
  • Remove any copyright, trademark or other proprietary rights notices contained in or on Square Circle , including those of both Square Circle and any of its licensors;
  • Remove, cover or otherwise obscure any form of advertisement included on Square Circle ;
  • Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Square Circle except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  • Share information of non-Users without their express consent; Infringe or use Square Circle ’s brand, logos and/ or trademarks, including, without limitation, using the word “Square Circle ” in any business name, email, or URL or including Square Circle ’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Square Circle ;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
  • Use bots or other automated methods to access Square Circle , add or download contacts, send or redirect messages, or perform other activities through Square Circle , unless explicitly permitted by Square Circle ; Access, via automated or manual means or processes, Square Circle for purposes of monitoring Square Circle ’s availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Square Circle ’s website;
  • Attempt to or actually access Square Circle by any means other than through the interfaces provided by Square Circle such as its mobile application or by navigating to http://www.Square Circle .com using a web browser. This prohibition includes accessing or attempting to access Square Circle using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Square Circle ;
  • Attempt to or actually override any security component included in or underlying Square Circle ;
  • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load
  • on Square Circle ’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Square Circle personnel, attempting to gain unauthorized access to Square Circle , or transmitting or activating computer viruses through or on Square Circle ;

Interfere with or disrupt or game Square Circle or the Services, including, but not limited to, any servers or networks connected to Square Circle , in particular Square Circle ‘s search or reputation management algorithms.

TERMS RELATED TO FEES AND BILLINGSome products and services available through or in connection with Square Circle require that Users purchase a subscription or otherwise pay a fee. As a premium services user you are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Square Circle account by you or anyone else using Your account. Square Circle reserves the right to modify the fees charged for Square Circle products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Square Circle notifies You via email or otherwise of such modified fees.

CHARGES ON YOUR BILLING ACCOUNT

Square Circle bills you through an online account (Your “Billing Account”) for services and items obtained through the Square Circle (the “Products”). You agree to pay Square Circle all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize Square Circle to charge Your chosen payment method (Your “Payment Method”) for such Products. You agree to make payment using that selected Payment Method. Square Circle reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Square Circle IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING SUPPORT@Square Circle .COM IF YOU FAIL TO PROVIDE Square Circle WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Square Circle MAY CONTINUE CHARGING YOU FOR ANY

PRODUCT OR SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT OR SERVICE.

Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the “Payment Method Provider”). If Square Circle does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand. Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are charged to Your Billing Account or Payment Method. If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and Square Circle shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that Square Circle may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Square Circle MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Square Circle REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT CUSTOMER SERVICE AT SUPPORT@Square Circle .COM

Your non-termination or continued use of the Products on Your Billing Account reaffirms that Square Circle is authorized to charge Your Payment Method. Square Circle may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Square Circle ‘s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

DUE DATE; LATE CHARGE; COLLECTION COSTS The amount due to Square Circle for Your Billing Account must be paid in full by Your Payment Method Provider on the date such payment is requested by Square Circle , not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Square Circle on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the rate that is permitted by law. Square Circle reserves the right to refer Your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this User Agreement and in collection of any delinquent amounts due, including reasonable attorneys’ fees and costs.

PAYMENT DEFAULT

If Square Circle does not receive payment for any premium services charges to Your Billing Account, you will be in default and Square Circle may suspend or cancel Your Billing Account and Your access to any or all Square Circle Products and Services. If Your Payment Method Provider seeks return of payments previously made to Square Circle , but Square Circle in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Square Circle may cancel Your Billing Account and Your access to any or all Products and Services.

CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Square Circle MAY STOP DELIVERY OF ANY PRODUCT OR SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A Square Circle ACCOUNT MAY NOT BE RETRIEVED AT A LATER DATE.

TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS

Square Circle may, in its discretion, terminate, cancel, or suspend an accepted order if Square Circle is notified that Your Payment Method has expired or has been canceled, or if Square Circle has reason to believe that any Billing Account information provided to Square Circle is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Square Circle , will not alter. Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Square Circle could reasonably act on Your termination notice). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless this User Agreement or the cancellation policy on the cancellation policy page of the Square Circle website expressly so provides. If You notify Square Circle by email that you are canceling one or more Square Circle services or products, fees pre-paid by You to Square Circle for Square Circle products or services will be credited back to Your applicable credit card in accordance with the Square Circle cancellation policy. Square Circle is not required to refund directly to You any amounts paid hereunder. In the event that Square Circle terminates Your Square Circle account or one or more of Your Square Circle services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

GENERAL

You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in

YOUR BILLING ACCOUNT

CHANGES TO SERVICES, TERMINATION BY Square Circle

Square Circle may change any of the Square Circle services at any time and from time to time without notice, including terminating the offering of any Square Circle service altogether. Square Circle may terminate Your account, Your access to Square Circle or any of Your Square Circle services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Square Circle services or from using the Square Circle service or from receiving any products, services or benefits from Square Circle , if Square Circle determines You have violated this User Agreement or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Square Circle receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Square Circle Network and there will be no refund of any fees prepaid by You.

Billing & Cancellation Policy

When Square Circle subscribers sign up for a premium service on a monthly subscription, their credit cards are charged the full monthly charge for the service in advance. We strive to offer the highest quality of service and we would ask you to contact support@Square Circle .com in order to resolve any billing errors or other issues you or your organization may have. You may cancel your service and automatic billing at any time. Square Circle offers a No Risk, 30 Day, 100% Money Back Guarantee of your fees paid as a new premium services user. If you as a user are not completely satisfied with the value of service you receive, and you notify us prior to the end of this period, Square Circle will promptly refund your full investment. Refunds are subject to the terms outlined below. You will receive a verification via email after you submit your request for cancellation. Please print your verification notice and keep it for your records.

Refunds for Annual Subscribers

Square Circle annual subscribers will have their credit cards charged the full amount of the service when they sign up and are subject to the following penalties* under the cancellation policy: Cancellations within 30 days of the billing date will be refunded the full billing amount less $100. If you cancel 31 – 90 days after the billing date, you will be refunded 50% of the total fee charged for the service. If you cancel 91 – 180 days after the billing date, you will be refunded 25% of the total fee charged for the service. If you cancel 180 or more days after the billing date, you will not receive any refund.

Note About Failed Payments:

You must cancel your account using the procedure stated below to stop billing. A failed charge will not close your account. As per our terms of service, YOU AGREE THAT Square Circle MAY CONTINUE CHARGING YOU FOR ANY PRODUCT OR SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT OR SERVICE

Canceling Your Premium Account and Switching to a Free Account

You can switch your Square Circle account on the Settings page. Here are some points to note when canceling your premium account:

Your premium account will be switched to a free basic account.

  • Contact us at least 5 business days before your renewal date to prevent unwanted charges.
  • Cancellation will end billing and remove your access to any premium features at the end of your current billing.
  • Changes will be effective on the billing expiration date of your current premium subscription.
  • You will be notified once your request has been processed at the email address we have on file that you
  • provided to us on registration

Service Cancellation Request: Closing your Basic (Free) AccountIf you close your Square Circle account, you will not have access to any information you have added to your account, including active and pending connections and bookings. It also means that your profile will no longer be visible on the Square Circle service. You can close your Square Circle account on the Settings page.

Closing a Premium Services (Paid) Account

In the event you wish to cancel and remove your Square Circle premium account from our system, please fill out the form below to request a cancellation. We strive to offer the highest quality of service and we would ask you to contact support@asquarecircle.com in order to get any issues resolved. However if you still wish to cancel you may do so by sending an email to support@asquarecircle.com with the following information:

  • First & Last Name
  • Square Circle User Name
  • Email Address
  • Type of Plan Name(s) that should be canceled
  • Reason for Cancellation (please also note if there is there anything we can do to keep your business)
  • Other Notes / Comments

Please also note that cancellation requests are only processed during regular business hours and may take up to 5 business days to complete your request. You must submit your cancellation request using the email address listed on the billing account, otherwise we will have to ask you to resubmit the form as we can only cancel the account with the primary email address on the account. If you have a PayPal Subscription with us, you MUST CANCEL your PayPal Subscription, or else your PayPal Account will continue to send us money after you cancel. We are not responsible for failure to

cancel your PayPal Subscription. If you are migrating your speaker profile data to another service, DO NOT submit your cancellation request to us until your data has been transferred to your new service. Your account is not considered canceled until at which time a representative states your account has been canceled. Simply submitting this cancellation notice to Square Circle does not mean that your account is cancelled. All requests are manually reviewed and processed by our staff. If any of the above verification information does not match your account records, we will contact you via email to confirm the correct details. Your account is not cancelled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed. We may require additional information after submitting this request. Therefore please do not consider your account canceled until a member of our staff states it has been canceled. Submission of this information confirms that you have read, understand, and accept the above terms. We are not responsible for errors resulting from your failure to read the above.

COMPLAINTS REGARDING CONTENT POSTED ON THE Square Circle WEBSITE.

Square Circle provides a process for submission of complaints concerning content posted by our users.

Square Circle Inc. 2016

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