Terms of Service

An Introduction to Squishr’s Terms of Service

Welcome to Squishr! Here is a quick summary of the highlights of our Terms of Service:

  • Our mission is to facilitate the elimination of the dreaded Spotted Lanternfly. The Squishr platform offers a place to share the location of Spotted Lanternfly encounters, and gamify the elimination of this invasive species. In addition, geolocation information is shared with State Departments of Agriculture, in order to track the migration of the Spotted Lanternfly.
  • You own the content that you post; you also grant us and other users of the Squishr platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
  • You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
  • You can repost content from Squishr elsewhere, provided that you attribute the content back to the Squishr platform and respect the rights of the original poster, and do not use automated tools.
  • We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Squishr platform.
  • You agree to follow the rules of our platform. When you use the Squishr platform, you also agree to our Terms of Service, and accept our Privacy Policy.
  • You agree to alternative dispute resolution. You agree to attempt initially to resolve matters cooperatively with us and, if that fails, to use individual arbitration, except in limited situations.
  • We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Squishr’s policies, you can initiate a report using the Contact Us option on the app.

We are pleased that you want to join the Squishr platform and encourage you to read the full Terms of Service.

Squishr Terms of Service

Last Updated: March 8, 2020
Welcome to Squishr! Squishr is a platform that facilitates the elimination of the dreaded Spotted Lanternfly, using concepts of social networking and gamification.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and Squishr, LLC. (“Squishr” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “Squishr Platform”).
Please make sure to read it, because, by using the Squishr Platform, you consent to these Terms of Service.

IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND SQUISHR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW IN SECTION 10.

  1. The Mission of the Squishr Platform
    Squishr’s mission is to facilitate the elimination of the dreaded Spotted Lanternfly. The Squishr platform offers a place to share the location of Spotted Lanternfly encounters, and gamify the elimination of this invasive species. In addition, geolocation information is shared with State Departments of Agriculture, in order to track the migration of the Spotted Lanternfly.
  2. Using the Squishr Platform
    • Who Can Use It. Use of the Squishr Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
    • Registration. When you set up a profile on the Squishr Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name or real name of the entity you represent, when you create your account on the Squishr Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.
    • Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Squishr Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.
    • Termination. You may close your account at any time by going to the “Update Profile” section and disabling your account. We may terminate or suspend your Squishr account if you violate any Squishr policy or for any other reason.
    • Changes to the Squishr Platform. We are always trying to improve your experience on the Squishr Platform. We may need to add or change features and may do so without notice to you.
    • Feedback. We welcome your feedback and suggestions about how to improve the Squishr Platform. Feel free to submit feedback at squishr.app/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
  3. Your Content
    • Definition of Your Content. The Squishr Platform enables you to add photos, and information about yourself to share with others. All material that you upload, publish or display to others via the Squishr Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Squishr Platform, Your Content may be viewed by the general public.
    • Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
    • License and Permission to Use Your Content.
      1. By submitting, posting, or displaying Your Content on the Squishr Platform, you grant Squishr and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Squishr Platform or the promotion, advertising or marketing of the Squishr Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Squishr to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Squishr for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Squishr Platform or through other media or distribution methods. This license also includes the right for other users of the Squishr Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post submissions for the purpose of making derivative works.
      2. Squishr may remove your submission if it is suspected spam, or could be otherwise seen as offensive by the Squishr community. The right for Squishr to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
      3. You acknowledge and agree that Squishr may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect,prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Squishr, its users, or the public.
      4. You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time
      5. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Squishr Platform or in violation of our Terms of Service.
    • Your Responsibilities for Your Content. By posting Your Content on the Squishr Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Squishr’s Acceptable Use Policy, other published Squishr policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
  4. Our Content and Materials
    1. Definition of Our Content and Materials. All intellectual property in or related to the Squishr Platform (specifically including, but not limited to our software, the Squishr marks, the Squishr logo, but excluding Your Content) is the property of Squishr, LLC, or its subsidiaries and affiliates, or content posted by other Squishr users licensed to us (collectively “Our Content and Materials”).
    2. Data. All data Squishr collects (“Data”) about use of the Squishr Platform by you or others is the property of Squishr, LLC., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
    3. Our License to You.
      1. We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Squishr Platform in connection with your use of the Squishr Platform, subject to the terms and conditions of this Agreement.
      2. Squishr gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the user who created the content has not explicitly marked the content as not for reproduction on the Squishr Platform; (b) you do not modify the content; (c) you attribute Squishr by name in readable text; (d) upon request, either by Squishr or a user, you remove the user's name from content which the user has subsequently made anonymous; (e) upon request, either by Squishr or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Squishr Platform; and (f) upon request, either by Squishr or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Squishr Platform; (g) you don’t republish more than a small portion of Our Content and Materials; (h) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Squishr, or any Squishr user, without separate, express prior written permission from us.
      3. We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Squishr Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
    4. Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Squishr Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Squishr Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the Squishr Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of Squishr.
    5. No Endorsement or Verification. Please note that the Squishr Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Squishr Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Squishr Platform by anyone.
    6. Ownership. You acknowledge and agree that Our Content and Materials remain the property of Squishr's users or Squishr. The content, information and services made available on the Squishr Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
  5. Integrated Service Provider. You may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on the Squishr Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data. For more information about Squishr’s use, storage, and disclosure of information related to you and your use of integrated services within Squishr, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.
  6. DISCLAIMERS AND LIMITATION OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SQUISHR ENTITIES TO YOU.
    “SQUISHR ENTITIES” MEANS SQUISHR, LLC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
    1. WE ARE PROVIDING YOU THE SQUISHR PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SQUISHR ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
    2. SQUISHR MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SQUISHR PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SQUISHR PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. SQUISHR MAKES NO WARRANTY THAT: (a) THE SQUISHR PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE SQUISHR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SQUISHR PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SQUISHR PLATFORM WILL BE SATISFACTORY.
    3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUISHR ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUISHR ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SQUISHR PLATFORM.
    4. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SQUISHR PLATFORM IS TO STOP USING THE SQUISHR PLATFORM.
    5. WITHOUT LIMITING THE FOREGOING, SQUISHR’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SQUISHR PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO SQUISHR IN CONNECTION WITH THE SQUISHR PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
    6. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SQUISHR’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
  7. Indemnification
    You agree to release, indemnify, and defend Squishr Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Squishr Platform, ii) Your Content, iii) your conduct or interactions with other users of the Squishr Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
  8. Legal Disputes and Arbitration Agreement for users in the United States and Canada
    Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
    1. Initial Dispute Resolution. We are available by email at squishrapp@gmail.com and by regular post at Squishr, LLC., 1919 County Line Road, Villanova, PA 19085 to address any concerns you may have regarding your use of the Squishr Platform. Most concerns may be quickly resolved in this manner. The parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with us, before initiating a lawsuit or arbitration.
    2. Agreement to Binding Arbitration. If an agreed upon solution is not reached through informal dispute resolution as outlined above within a period of thirty (30) days pursuant to the initial dispute resolution procedure provided in Section 10(a) above, then either party may initiate binding arbitration to formally resolve claims, subject to the terms and exclusion set forth below. All claims arising out of or relating to these Terms of Service (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Squishr Platform will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service will be subject to the Federal Arbitration Act.
    3. Rules. The AAA rules governing the arbitration may be accessed at https://www.adr.org/. Each party will be responsible for its arbitration fees as set forth in the AAA Consumer Arbitration Rules. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
    4. Class Action and Class Arbitration Waiver. The parties each further agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(b) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
    5. Exception: Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only.
    6. Exception: Intellectual Property and Content Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, this binding arbitration section does not apply to disputes relating to either party’s intellectual property rights (trademark, copyright, patent, and trade secret) or violations of Squishr’s Acceptable Use Policy. For further clarification, disputes relating to your privacy rights are not excepted from this binding arbitration section.
    7. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(b) and 10(c) by sending written notice of your decision to opt-out by email us at squishrapp@gmail.com. The notice must be sent within thirty (30) days of registering to use the Squishr Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
    8. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 10(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them must be filed exclusively in state or federal courts located in Montgomery County, Pennsylvania (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Montgomery County, Pennsylvania for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
  9. General Terms
    1. Changes to these Terms of Service. We may amend this Agreement (including any policies, such as the Privacy Policy, that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Squishr Platform, or other manner. You can view the Agreement and our main policies at any time at https://www.squishr.app/. Your failure to cancel your account, or cease use of the Squishr Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Squishr Platform.
    2. Use Outside of the United States. Squishr expressly disclaims any representation or warranty that the Squishr Platform complies with all applicable laws and regulations outside of the United States. If you use the Squishr Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Squishr Platform.
    3. Export. The Squishr Platform is controlled and operated from our United States offices in Pennsylvania. Squishr software is subject to United States export controls. No software for Squishr may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) 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 (2) listed on any U.S. government list of prohibited or restricted parties.
    4. Applications and Mobile Devices. If you access the Squishr Platform through a Squishr application, you acknowledge that this Agreement is between you and Squishr only, and not with another application service provider or application platform provider, which may provide you the application subject to its own terms. To the extent you access the Squishr Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
    5. Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Legal Disputes and Arbitration Agreement), and Section 11 (General Terms).
    6. Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Squishr Platform is provided by Squishr, LLC., located in Villanova, Pennsylvania. If you have a question or complaint regarding the Squishr Platform, please contact Squishr at squishrapp@gmail.com. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322- 1700.
    7. Government End Users. Any Squishr software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
    8. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
    9. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
    10. Entire Agreement / Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Squishr Platform and constitutes the entire agreement between you and us regarding the Squishr Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
    11. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
    12. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via squishrapp@gmail.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
    13. Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
    14. n. Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
    15. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
    16. Contact. Feel free to contact us via squishrapp@gmail.com with any questions about these terms. Squishr is a Delaware corporation, located at 1919 County Line Road, Villanova, PA 19085.