Terms & Conditions

Last updated: July 31, 2020

Please read these Terms and Conditions (“Terms””) carefully before using the https://squadcast.fm/ website (“Site”) and/or the SquadCast mobile application (“App”) operated by SquadCast Studios, Inc. (“SquadCast,” “us”, “we”, or “our”) via which we provide tools to amplify collaboration by enabling remote production of high-quality podcasts and other content (“Podcasts”). To make these Terms easier to read, the Site, our services and App are collectively called the “Service.”

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS AS AN INDIVIDUAL USER, AND NOT ON BEHALF A COMPANY OR LEGAL ENTITY, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SQUADCAST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

  1. Agreement. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms If you do not agree to these Terms, you should not use the Service. These Terms may be modified at any time by SquadCast upon posting of the modified Terms. You can view the most recent version of these Terms at any time at www.squadcast.fm. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms and your continued use of the Service signifies and confirms your acceptance of any modifications made to the Terms.

    These Terms apply to all visitors, users, guests, third-parties and others who wish to access and/or use the Service, either directly or indirectly through the use of your account and password.

  2. Privacy.Your access to and use of the Service is also governed by our Privacy Notice. Please review our Privacy Notice at https://squadcast.fm/privacy-policy/ for information on how we collect, use and share your information.

  3. Communications. By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we may send.

  4. Purchases. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

    You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

    The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice.

    We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

    We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  5. Availability, Errors and Inaccuracies. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

  6. Podcasts and Audio/Video Recording. By using and or accessing the Service as a user, you expressly consent to the recording of any and all audio and video data collected from your device and of your name, image, voice and likeness in connection with the recording of audio and/or video Content (“Podcast Content”). You further acknowledge and agree that the Service captures voluntary and involuntary video and audio recordings in the Podcasts and consequently you agree to inform and obtain the consent of any person who appears in such Podcasts in connection with the recording of the Podcast Content.

  7. Subscriptions. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

    At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or SquadCast cancels it. Between five (5) and fourteen (14) days before your monthly Billing Cycle ends, thirty (30) and sixty (60) days before your yearly Billing Cycle ends, or otherwise in accordance with applicable law, SquadCast will send you a reminder with the then-current Subscription fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or SquadCast. You may cancel your Subscription renewal either through your online account management page or by contacting SquadCast customer support team.

    A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SquadCast with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SquadCast to charge all Subscription fees incurred through your account to any such payment instruments.

    Should automatic billing fail to occur for any reason, SquadCast will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

  8. Free Trial. SquadCast may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by SquadCast until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. Subject to applicable law, at any time and without notice, SquadCast reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

  9. Fee Changes. SquadCast, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SquadCast will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

    Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

  10. Refunds. All sales are final. SquadCast may consider refund requests on a case-by-case basis, and decisions on whether to grant a refund request are in the sole discretion of SquadCast.

  11. Content. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material, including Podcast Content (“Content”). You are responsible for the Content or communications that you post on or through the Service, including its legality, reliability, and appropriateness. SquadCast shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content.

    You agree to use the Service to create Podcast Content and to post and receive communications and Content that are legal and proper.

    1. You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.

    2. You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.

    3. You must not violate the privacy or publicity rights of others.

    4. You must not create, upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).

    5. You must not create, post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.

    6. You must not create, post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.

    7. You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.

    SquadCast does not claim any ownership rights in any of your Content, including Podcast Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content, or any ownership rights in your Content. By making any Content available through the Service you hereby grant to SquadCast a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform such Content in connection with operating and providing the Service. Subject to the foregoing license grant, you retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service.

    By making any Content available through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights or other intellectual property rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

    User acknowledges and agrees that SquadCast relies on third-party service providers to provide Service and capture Content. Accordingly, SquadCast makes no representation or warranty whatsoever as to the quality of the Service provided or the Content that is captured through the use of the Service, including, but not limited to, sound and video quality. User shall be solely responsible for the quality of the Content that is captured through the Service, and SquadCast shall have no responsibility to edit or modify Content connected to any user account.

    SquadCast has the right but not the obligation to monitor your use of the Service and may at any time, for any reason, in its sole discretion, terminate your use of the Service. Content stored by SquadCast may or may not be retained after termination of your Subscription. SquadCast annually reviews storage of inactive and terminated accounts and deletes Content which is more than 1 year old.

  12. Rights and Terms for Apps.

    1. App License. If you comply with these Terms, SquadCast grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

    2. App License. If you comply with these Terms, SquadCast grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

    3. Additional Information: Apple App Store. This Section 12(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

  13. Accounts. When you create an account with us, you guarantee that you are 18 years or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

    You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

    We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

  14. Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond expeditiously to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity, and in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.

    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to rockwell@squadcast.fm, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.

    You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

  15. DMCA Notice and Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    1. a full legal name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

    2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

    3. identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
      your address, telephone number, and email address;

    4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    5. You can contact our Copyright Agent and deliver the DMCA Notice via email at rockwell@squadcast.fm

  16. Intellectual Property. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SquadCast and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SquadCast. Users of the Service have no proprietary interest in the code and proprietary software, system, source code, run code or other intellectual property of SquadCast.

  17. Links to Other Web Sites. Our Service may contain links to third-party web sites or services that are not owned or controlled by SquadCast. SquadCast has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Therefore, you acknowledge and agree that SquadCast is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that SquadCast is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your using such links.

  18. Termination of Service. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. Upon any termination or cancellation of the Service or your account, the following Sections will survive: 4 (only for payments due and owing to SquadCast prior to the termination), 11, 16, and 18 – 27.

  19. Indemnification. You agree to defend, indemnify and hold harmless SquadCast and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), along with any claims made by a third-party, guest, invitee or otherwise relating to your use of your account and password, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, including any third-party claims arising from your use of your account and password; b) a breach of these Terms, or c) Content posted by you to the Service.

  20. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SQUADCAST, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SQUADCAST’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SQUADCAST FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SQUADCAST, AS APPLICABLE.

  21. Disclaimer. THE SERVICE IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. SQUADCAST DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    SQUADCAST MAKES NO WARRANTY THAT: (A) THE SERVICE OR THE PODCASTS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE OR THE PODCASTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE PODCASTS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PODCASTS, OR THE SERVICE WILL, MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

    ADDITIONALLY, SQUADCAST ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

    TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SERVICE.

  22. Dispute Resolution and Governing Law for Individual Users.

    This section only applies if you are accessing or using the Service as an individual.

    1. Governing Law. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section, the exclusive jurisdiction for all Disputes (defined below) that you and SquadCast are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and SquadCast each waive any objection to jurisdiction and venue in such courts.

    2. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SquadCast agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SquadCast are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

    3. Exceptions. As limited exceptions to Section 21(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

    4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

      Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

    5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

    6. Injunctive and Declaratory Relief. Except as provided in Section 21(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

    7. Class Action Waiver. YOU AND SQUADCAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

    8. Severability. With the exception of any of the provisions in Section 21(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

  23. Dispute Resolution and Governing Law for Companies or Legal Entities.

    This section only applies if you are accessing or using the Service on behalf of a company or legal entity.

    1. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service will be the state and federal courts located in the Northern District of California, and you and SquadCast each waive any objection to jurisdiction and venue in such courts.

  24. Waiver. The failure of SquadCast to exercise or enforce any right or provisions of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by SquadCast must be in writing and signed by an authorized representative thereof.

  25. Relationship of the Parties. Nothing contained in these Terms or your use and/or access to the Service shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

  26. Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

  27. Entire Agreement. These Terms constitute the entire agreement between you and SquadCast and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SquadCast with respect to this Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Notice), guidelines, or rules that may apply when you use the website.

  28. Contact Us. If you have any questions about these Terms, please contact us at privacy@squadcast.fm.