Terms and Conditions

Last Revised Date: January 24, 2023


Welcome to Square Baby! We provide balanced nutritional meals for your baby, shipped directly to you. These Terms of Use (“TOU”) forms a binding legal agreement between Square Foods, LLC, a California corporation d/b/a Square Baby (“Square Baby,” “we,” “us,” or “our”) and you (“You” or “Your”) regarding Your use of (a) our website, located at https://squarebaby.com/, as well as our Facebook, Instagram, Twitter and other social media or interactive pages and any other associated digital properties and web applications (collectively, the “Site”) or (b) all other services that we offer, whether or not accessed through the Site, whether or not offered online or in person, whether offered exclusively by Square Baby or in partnership with another entity, including, but not limited to, applying for or utilizing a subscriber account, purchasing our baby foods or other products (collectively, “Products”), participating in our members rewards program, accessing our newsletter or blog, and communicating with us through email, online inquiry, or our social media accounts (collectively, the “Services”), (together with the Site, the “Platform”).

PLEASE CAREFULLY READ THESE TOU. BY ACCESSING OR USING THE PLATFORM, INCLUDING THE SITE OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TOU, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TOU. IF YOU DO NOT AGREE TO THESE TOU, SQUARE BABY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF OUR PLATFORM AND YOU MUST NOT ACCESS OR USE ANY PART OF THE PLATFORM, INCLUDING OUR SITE OR SERVICES. IF YOU ACCESS OR USE THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TOU.

YOU SHOULD CAREFULLY READ THESE TOU, INCLUDING THE REQUIRED USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND THE LIMITATIONS ON THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, AS DESCRIBED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION OF THESE TOU.

Unless You later enter into any other agreements with Square Baby regarding the Platform, these TOU are the complete and exclusive agreement between You and Square Baby regarding Your access to and use of the Platform. These TOU supersede any prior agreement or proposal, oral or written, and any other communications between You and Square Baby relating to Your use of the Platform. By agreeing to these TOU, You hereby acknowledge that You have received and reviewed our Privacy Policy, available at https://squarebaby.com/pages/privacy-policy. You are responsible for compliance with these TOU. You represent and certify that You are of legal age, generally 18 years old, to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.

  1. Definitions. Terminology used in these TOU have the definitions given in these TOU or, if not defined in these TOU, have their plain English meaning as commonly interpreted in the United States.
  2. Term. These TOU are entered into as of the earlier of the date You first accessed the Site or otherwise used the Platform (the “Effective Date”) and will continue until terminated as set forth herein.
  3. Modifications. Square Baby reserves the right, at any time, to modify these TOU. Square Baby will notify You of any changes to these TOU by posting those changes on the Site or by informing You through Your Account (defined below). Any modifications will be effective immediately upon Square Baby providing such notification. You may terminate these TOU as set forth below if You object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform following such notification. The date of the last revision to these TOU will appear at the top of these TOU.
  4. Eligibility; Representations and Warranties.
    1. Eligibility. The Platform is intended for use by individuals 18 years of age and older. If You are under 18 years of age, then You may access the Platform only with the permission of Your parent or legal guardian and only if Your parent or legal guardian accepts these TOU on Your behalf by contacting us via the email address provided in these TOU. If You are under 18, do not access the Site or blog, apply for an Account, purchase our Products, or otherwise use the Platform unless and until we acknowledge receipt of acceptance of these TOU on Your behalf by Your parent or legal guardian.
    2. Representations and Warranties. You represent and warrant to Square Baby that: (a) You have the legal right and authority to enter into these TOU; (b) these TOU form a binding legal obligation on Your behalf; (c) You have the legal right and authority to perform Your obligations under these TOU and to grant the rights and licenses described in these TOU; and (d) Your use of and access to the Platform and Platform Content will comply with all applicable laws, rules, and regulations and will not cause Square Baby to violate any applicable laws, rules, or regulations.
  5. Product Use and Delivery; Payments.
    1. Personal Use. Our Products are for Your own personal use only. Ordering or using our Products for any purpose, including but not limited to research, analysis, testing, evaluation, sampling, any other commercial purpose, or any other purpose other than Your personal use is strictly prohibited. You may not sell, resell, or commercially distribute our Products. We reserve the right, with or without notice, to cancel Your order, change Your order, or reduce the quantity of product ordered, in our sole and absolute discretion, if we determine Your order violates our TOU.
    2. Delivery Conditions. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. Any person who accepts delivery from us accepts such delivery under the terms and conditions of these TOU. If no one is at the delivery location when the Products arrive, the courier will generally leave the package at the delivery location, unless You have arranged otherwise with the shipping service. Our Products are shipped frozen and are packaged in insulated liners with dry ice. You must plan in advance for timely receipt and proper handling and storage of the Products upon arrival and prior to consumption. You should always promptly inspect all delivered Products to confirm that the Products arrived in a frozen condition and that the shipping container and its contents are not otherwise visibly damaged. You are responsible for inspecting all Products You receive from us for any damage or other issues upon delivery. In addition, You are solely responsible for determining the freshness of the Products You receive. If You have any reason to believe that any Product You receive is not suitable for consumption, contact us immediately at hello@squarebaby.com. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver Your order, we will attempt to deliver Your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. You recognize that we utilize third-party delivery services, such as FedEx, UPS, or the United States Postal Service, to deliver our Products, and that delivery issues may be outside of our control. We are not responsible for any delivery issues arising from such third-party delivery services.
    3. Product Handling. We deliver our Products frozen (at or below 0o degrees Fahrenheit) for freshness and proper handling. To maintain the quality and integrity of the Products, You must maintain the frozen state (0o degrees Fahrenheit or below) of all Products until You are ready to prepare them for consumption in accordance with the Product instructions on the package or on the Site. You should also adhere to standard food storage and handling best practices including all U.S. Department of Agriculture (“USDA”) guidelines on food safety for refrigerated/frozen storage and safe food handling. Additionally, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s (“FDA”) recommendations on food consumption for young children. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. For optimal taste and nutrition serve the Products within three (3) months of delivery. Under proper and continuous frozen storage conditions, the quality of the Products will be maintained for up to six (6) months. Once thawed, our products must be consumed within forty-eight (48) hours. These instructions should be strictly followed and unused Products should be discarded if the foregoing timeframes are exceeded. Follow all instructions on the packaging for preparation and consumption.
    4. Product Descriptions and Pricing. We try to be as accurate as possible when describing and showing our Products on the Site, but all Product descriptions are approximate and are provided for convenience purposes only. We do not warrant that that Product descriptions or depictions, prices, or other content on the Site, are accurate, reliable, current, or complete. Furthermore, all features, content, specifications, Products and prices described or depicted on the Site are subject to change at any time without notice.
    5. Charge Disputes. You agree to submit any disputes regarding any charge to Your Account in writing to us within thirty (30) days of such charge, or Your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending us an email to hello@squarebaby.com.
    6. Refund Policy. We make every attempt to thoroughly and accurately describe our Products on the Site. Our Products are perishable and require strict handling to ensure food safety, therefore, we do not except refunds on our Products once they have shipped. If our Products arrive to You thawed, above 39oF, or otherwise not suitable for consumption, please contact us for a replacement or a refund.
  6. Member Account and Subscription Services.
    1. Applying for Membership. Certain features of the Platform are only available to users of the Platform that have applied for and received a Square Baby account (“Member(s)”). You may apply to be a Member by following the prompts from the Site. During the application process, we will collect Your name, mailing address, email address, mobile phone number, and information about any children for whom our Products may be purchased, including dietary needs and restrictions, and age, year of birth, and/or date of birth. We will use this information to verify Your identity and mobile phone number and establish Your child’s or children’s profile. You agree that the information that You provide to Square Baby about Yourself upon registration of Your Account, and at all other times (the “Profile Information”) will be true, accurate, current and complete, and You further agree that You will maintain and promptly update the Profile Information to ensure that it remains true, accurate, current and complete. Maintaining current information regarding each of Your children is critical to the recommendations we provide through the Services. You may not impersonate any other person or use another person’s Account or sign-in credentials. Square Baby reserves the right to require You to change Your password for any reason at any time. If You become aware of any unauthorized use of Your Account, You agree to notify Square Baby immediately through the means indicated in the Contact Us Section of these TOU. Square Baby is not liable for any loss or damage, including any child’s intolerance for any recommended Product, arising from Your failure to comply with the above requirements.
    2. Member Account. Upon Your acceptance as a Member, You may setup a Square Baby Member’s account (Your “Account”) to manage Your Profile Information, receive recommendations on Products, and setup a subscription for regular deliver of Products, and gain access to other Members-only services, promotions, and opportunities. You will setup Your Account using a username and password, which You will use to access Your Account thereafter. You are responsible for safeguarding Your password and You agree not to disclose Your password to any third party. You are solely responsible for any activities or actions taken under Your Account, whether or not You have authorized such activities or actions. You can stop using the Platform at any time. You may close Your Account by contacting us. If You stop using the Platform or request us to close Your Account, we will retain Your information in accordance with our standard data retention policy and our Privacy Policy.
    3. Subscription Pricing and Billing Information. It does not cost to become a Member. You may order our Products for a cost (Your “Order”). Your Order may be for one of our single-sale Products or for regular, automatic delivery of a specific list of our Products (Your “Subscription”). Product pricing and delivery charges are as indicated on the Site. Your Subscription pricing is customized to Your Product selection and quantity and will be made available to You when You make Your Order. You may checkout as a guest, but You must have an Account to access and manage Your Subscription. When You set up Your Subscription, You may select from one of several automatic billing periods (“Renewal Period”) as indicated on the Site. You must maintain a credit card on file through Your Account in order to set up a Subscription. Your credit card will be billed on the first day of each Renewal Period. The membership renewal fee will be billed automatically, unless You cancel auto renewal through Your Account or by contacting us as further described below. You must provide Square Baby with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Square Baby reserves the right to terminate Your subscription in addition to seeking any other legal remedies. Square Baby is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Square Baby. All fees will be paid in U.S. dollars and are due as indicated on Your Order or as set forth on the Site. Square Baby’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Square Baby’s income. You may cancel or pause Your Subscription or skip an Order through Your Account as set forth herein.
    4. Auto-Renewal. BY SETTING UP A SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW (AND YOU WILL AUTOMATICALLY BE CHARGED) ON THE FIRST DAY OF EACH RENEWAL PERIOD INDICATED ON YOUR ORDER AND CONTINUE UNTIL YOU CANCEL. You agree that Your Subscription will be subject to this automatic renewal feature unless You cancel Your auto-renewal. You can cancel at any time from Your Account or by contacting us. Your cancellation must be submitted at least three (3) days prior to the date Your next renewal period begins to prevent renewal charges. By signing up for a Subscription, You authorize us to charge Your credit card for Your initial Order and again at the beginning of any Renewal Period for the fees agreed upon. Your charges may change if we change our pricing with notice to You. If You choose to cancel Your Subscription at any time, Your Subscription will no longer renew, and we will not charge Your credit card for any subsequent Renewal Period. Upon renewal of Your Subscription, if we do not receive payment from Your credit card, (a) You agree to pay all amounts due on Your Account upon demand and/or (b) You agree that Square Baby may either terminate or suspend Your Subscription and Account access and continue to attempt to charge Your credit card until payment is received (upon receipt of payment, Your Subscription and Account will be reactivated and for purposes of automatic renewal, Your new Subscription Renewal Period will begin as of the day payment was received).
  7. Promo Codes. From time to time we may offer certain pricing discounts or promotions for use when purchasing our Products on our Site only (the “Promo Codes”). Promo Codes have no cash value, and may not be sold or transferred. You may not share a Promo Code with any third party. Promo Codes are for one-time use only, and some exclusions may apply as set forth within the terms of the Promo Code or on the Site. Square Baby may suspend, terminate, or deactivate any Promo Codes at any time without notice. Square Baby may void any purchase made with a Promo Code if Square Baby believes such Promo Code was obtained fraudulently or used in a manner not in accordance with these TOU. Promo Codes may not be combined with other offers or other promotional codes. Promo Codes cannot be used to purchase gift cards. Unless otherwise set forth in the terms of any Promo Code, when Promo Codes are applied to Subscriptions, Promo Codes will apply to the first period of the Subscription only, and any Renewal Periods will be charged at the non-discounted rate then in effect for the type of subscription purchased.
  8. Platform Technology; Content; Ownership; License; Use.
    1. Platform Technology. The Platform, and the databases, software, hardware, and other technology used by or on behalf of Square Baby to operate the Platform, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of Square Baby. You will not, and will not permit any third party to: (i) access or attempt to access the Technology except as expressly provided in these TOU; (ii) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (iii) use automated scripts to collect information from or otherwise interact with the Technology; (iv) alter, modify, reproduce, or create derivative works of the Technology; (v) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (vi) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (vii) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (viii) monitor the availability, performance, or functionality of the Technology; (ix) interfere with the operation or hosting of the Technology or (x) use the Technology for any competitive purpose.
    2. Platform Content. As between Square Baby and You, all content, including all text, audio, video, photographs, illustrations, graphics, checklists, party plans, and other content or media, provided through the Platform (“Platform Content”) is owned by Square Baby. The Platform Content may contain errors, omissions, or typographical errors or may be out of date, and is provided to You without warranty or representation from us. All Platform Content is for Your informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Platform Content prior to making use of that Platform Content. The Platform Content is not binding on us in any way except to the extent it is specifically indicated to be so. We may change, delete, or update any Content at any time and without prior notice. You agree that You will not, and will not permit any third party to: (i) alter, modify, reproduce, or create derivative works of any Platform Content; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Platform Content; (iii) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Platform Content; or (iv) use the Platform Content for any competitive purpose. Any use of the Content, except as specifically permitted in these TOU or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.
    3. Ownership and Rights. Square Baby retains all rights, title, and interest, including all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“Intellectual Property Rights”), in and to the Technology and the Platform Content and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology or the Platform Content. You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform under these TOU. Unless otherwise noted, all Platform Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You shall retain intact all copyright and other proprietary notices. The Square Baby name, logo, and all product and service names associated with the Platform are trademarks of Square Baby and its licensors and providers and You are granted no right or license to use them.
    4. License and Permitted Use. Subject to Your compliance with these TOU, Square Baby will permit You to access and use the Platform solely for lawful purposes and only in accordance with these TOU. Square Baby hereby grants You a limited, nontransferable, revocable license to access and make personal use of the Platform, including the Site, Platform Content, and Services. You agree not to download (other than page caching) or modify the Site or Platform Content, or any portion thereof, except with our express written consent. This license does not include: any resale or commercial use of the Platform; any collection and use of any Product listings, descriptions, or prices; any derivative uses of the Site or Platform Contents; any downloading or copying of Account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Square Baby may determine, in its sole and absolute discretion, whether Your use is in violation of our TOU.
    5. Suspension and Termination. You agree to comply with these TOU and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Platform and Your purchase of our Products. Square Baby reserves the right to suspend or terminate Your Account and Your access to and/or use of the Platform, at any time, without notice. Square Baby reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services or any part of or all of the Platform, with or without notice. You agree that Square Baby shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Platform.
    6. International Use. We control and operate the Platform from our offices in the United States. We do not represent that the Platform is appropriate or available for use in other locations outside of the United States. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with Your use of the Platform. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with Your access to or use of the Platform.
  9. User Posts and Digital Millennium Copyright Act.
    1. User Posts. Certain features of our Platform may allow You and other Users to post and/or upload comments, testimonial, evaluation, review, personal information, data, text, software, sound, photographs, graphics, video, messages, tags, stories, blog posts, tips, opinions, or other materials (“User Posts”). User Posts, whether publicly posted or privately transmitted, are owned by the user who creates said User Post. Your User Posts must not contain any discriminatory, offensive, defamatory, or other reasonably objectionable language, as determined in our sole discretion, and may not be threatening, violent, abusive, harassing, or otherwise inappropriate or inconsistent with the purpose of the Platform, as deemed by us. If we determine that your User Post is inappropriate, we may take any action we deem appropriate, including suspending or terminating Your Account or banning You from creating future User Posts. Which action we take is in our sole discretion and such action is not negotiable nor appealable.
    2. Digital Millennium Copyright Act. We respect the of all copyrights and other intellectual property rights of all Users of our Platform. If you believe in good faith that your copyrighted work has been reproduced on the Platform without your authorization in a way that constitutes copyright infringement, you may email us at the email provided in the contact section of these TOU with a written communication that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that an activity is infringing Your copyright. We will need the following information from You: (i) information sufficient to identity the infringed work and the allegedly infringing work, including where such work can be found on our Platform; (ii) Your name, address, daytime phone number, and email address, if available; (iii) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (iv) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (v) Your electronic or physical signature.
  10. Third Parties.
    1. Third-Party Sites. The Site may contain links to other websites operated by third parties (each, a “Third-Party Site”). Third-Party Sites are not under our control. Square Baby provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Site. Your use of any Third-Party Site is at Your own risk.
    2. Open Source Software. Certain items of software included with the Platform may be subject to “open source” or “free software” licenses (“Open Source Software”). Nothing in these TOU limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Square Baby makes such Open Source Software, and any Square Baby modifications to that Open Source Software, available by written request to Square Baby at the email or mailing address included in these TOU.
  11. Privacy; Security; Communications; Usage Data.
    1. Privacy and Platform Security. Square Baby respects the privacy of its users and Members. Square Baby collects, uses, and discloses information about You in accordance with the Square Baby Privacy Policy. You understand and agree that, notwithstanding any measures taken to prevent unauthorized access to or disclosure of personal or confidential information, connection to the internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to such information. Accordingly, Square Baby cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the internet.
    2. Communications. By registering an Account, ordering our Products subscribing to our newsletter, or otherwise using the Platform, You agree to be contacted via email, SMS and/or text messaging by us regarding our Services and Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
    3. Messaging Service Terms. We may offer communications via calls, SMS text messages, or similar technology (including via automatic telephone dialing equipment) (the “Messaging Service”). These communications may be sent or initiated by Square Baby or any of its service providers, such as when we send You text messages to confirm, process, and notify You about delivery of Your Order, or for any customer service, Account-related, or marketing purpose. By providing Your phone number, signing up for the Messaging Service, or otherwise using the Messaging Service, You: (i) expressly agree to be bound by the terms and conditions set forth in this section; (ii) consent to receive Square Baby’s text message disclosures electronically and consent to the use of an electronic record to document Your opt-in to the Messaging Service; and (iii) authorize Square Baby to send or allow our service providers to send the communications described in this section to the phone number You provide, including marketing communications sent or placed using an automatic telephone dialing system or automated system for the selection of telephone numbers. You acknowledge and agree that Your authorization to send such marketing messages is not required as a condition of purchase. Message and data rates may apply for the Messaging Service. Message frequency may vary according to how You interact with our Platform. To stop receiving text messages from Square Baby, reply “STOP” to any message You receive from us. You agree we may send You a message to confirm Your receipt of Your STOP request. You can also opt-out of Square Baby text messages through Your Account or by emailing us Your request and mobile telephone number.
    4. Usage Data. You acknowledge and agree that Square Baby has the right to collect, extract, compile, synthesize, and analyze usage data, analytics, statistics, and other information resulting from Your access to and use of the Platform (“Usage Data”). Square Baby retains ownership of all right, title, and interest in and to Usage Data, which may be used and shared by Square Baby in connection with its performance of its obligations under these TOU and for any other lawful business purpose, including, but not limited to, benchmarking, data analysis, and to improve the Platform.
  12. Feedback. If You provide Square Baby any feedback or suggestions regarding the Platform, including the Site, Services, Products, or Platform Content, (“Feedback”), You hereby assign to Square Baby all rights in the Feedback and agree that Square Baby shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You. Square Baby will treat any Feedback You provide to Square Baby as non-confidential and non-proprietary. You agree that You will not submit to Square Baby any information or ideas that You consider to be confidential or proprietary.
  13. Termination. These TOU may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these TOU. Upon termination or expiration of these TOU for any reason: (i) all rights granted to You under these TOU will terminate; and (ii) You will immediately cease all use of and access to the Platform, including the Site and Platform Content (including, without limitation, all Platform Content You obtained prior to termination). Sections 1 (“Definitions”), 4.2 (“Representations and Warranties), 8.3 (“Ownership and Rights”), 9 (“Third Parties”), 10 (“Privacy; Security; Communications; Usage Data”), 11 (“Feedback”), 12 (“Termination”), 13 (“Disclaimers of Warranty”), 14 (“Indemnity”), 15 (“Limitation of Liability”), 16 (“Release”), 17 (“Arbitration; Jury and Class Action Waiver”), and 18 (“General Provisions”) will survive any expiration or termination of these TOU.
  14. Disclaimers of Warranty.
    1. NO WARRANTY. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. SQUARE BABY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY SQUARE BABY, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
    2. PLATFORM INTERRUPTIONS. SQUARE BABY MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PLATFORM WILL BE AVAILABLE, OR THAT DATA WILL BE SECURE FROM UNAUTHORIZED ACCESS.
    3. PLATFORM CONTENT. SQUARE BABY MAKES NO REPRESENTATIONS CONCERNING ANY PLATFORM CONTENT CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, AND SQUARE BABY WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE PLATFORM.
    4. NO PRODUCT REPRESENTATIONS. We attempt to display the products and other platform content you view on the site, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error on our site, in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a credit or refund. You further agree that the products you receive in your order may vary from the products displayed on the site due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, or human error. The site may contain information about products that are not available in every location. A reference to a product on the site does not imply or guarantee that it is or will be available in your location or at the time of your order. We reserve the right to adjust your order at any time pending availability of certain products and other factors.
  15. Indemnity. Unless prohibited by state or federal laws to which You are subject, You will indemnify, defend (at Square Baby’s option), and hold Square Baby, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) Your violation of these TOU or (ii) Your violation of any third-party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right. Square Baby reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Square Baby and You agree to cooperate with our defense of such claims. You agree not to settle any such claim without Square Baby’s prior written consent. Square Baby will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
  16. Limitation of Liability.
    1. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SQUARE BABY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SQUARE BABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PLATFORM, FROM ANY CHANGES TO THE PLATFORM OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PLATFORM CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE PLATFORM.
    2. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR WITH ANY OF THESE TOU, OR FEEL SQUARE BABY HAS BREACHED THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. THE TOTAL LIABILITY OF SQUARE BABY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TOU OR USE OF PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE PLATFORM DURING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND SQUARE BABY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
    3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TOU AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” SECTION SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
    4. LIABILITY FOR FOOD HANDLING. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. SQUARE BABY PRODUCTS SHOULD ALWAYS BE USED WITH ADULT SUPERVISION. SOME PRODUCTS CONTAIN WHOLE PIECES OF FRUITS AND VEGETABLES AND SHOULD BE FED TO CHILDREN WITH CARE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT OUR PRODUCTS ARE FREE OF ALLERGENS. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT OUR PRODUCTION FACILITIES PROCESS PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR AMONG PRODUCTS.
    5. MEDICAL PROFESSIONAL CONSULTATION. Always consult with a healthcare professional and Your child’s pediatrician before introducing and feeding our products to Your child and specifically discuss any foods that may pose an allergy risk or other health risks for Your baby. You understand, acknowledge and agree that Square Baby does not imply, suggest or represent that any of our products including the Square Meal System™ are meant to take place of any dietary advice from Your physician. The Site and Products have been created to assist parents with the introduction of solid foods to their babies. The information given on the Site, while thoroughly researched, is presented for educational purposes only. It is NOT intended to replace professional medical advice. ALWAYS consult a medical professional before introducing new foods to Your baby. In addition, Young children and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found at https://www.fda.gov/Food/FoodborneIllnessContaminants/PeopleAtRisk/ucm352830.htm. Statements made and products sold through the Site and are not intended to treat, cure or prevent any disease.
  17. RELEASE. YOU HEREBY RELEASE AND FOREVER DISCHARGE US (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT, AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION, AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS OF THE PLATFORM OR USERS OR OPERATORS OF ANY THIRD-PARTY SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  18. Arbitration; Jury and Class Action Waiver.
    1. Applicable Law; Dispute Resolution; Waiver of Jury; Waiver of Class Action. Arbitration. These TOU shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If You believe that Square Baby has not adhered to these TOU, please contact us through the e-mail provided in these TOU. We will do our best to address Your concerns. If You feel that Your complaint has been addressed incompletely, we invite You to let us know for further investigation. If You and Square Baby are unable to reach a resolution as to the dispute, You and Square Baby will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) Contra Costa County, California. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND SQUARE BABY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND SQUARE BABY, INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SQUARE BABY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both You and Square Baby otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the AAA arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or these TOU must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, Square Baby may seek injunctive or other equitable relief to protect its confidential information and Intellectual Property Rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If You are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.
  19. General Provisions.
    1. Injunctive Relief. You agree that a breach of these TOU will cause irreparable injury to Square Baby for which monetary damages would not be an adequate remedy and Square Baby shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages, You may not assert as a defense in any such action that an adequate remedy at law exists.
    2. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between You and Square Baby as a result of these TOU or use of the Platform.
    3. Waiver. The failure of Square Baby to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Square Baby in writing.
    4. Construction. The headings of sections in these TOU are for convenience and are not to be used in interpretation.
    5. Entire Agreement. These TOU constitute the entire agreement between You and Square Baby with respect to the Platform, superseding any prior agreements between You and Square Baby. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, You and Square Baby nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU shall remain in full force and effect.
    6. Notices. We may give notice to You by means of a general notice on the Site, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to hello@squarebaby.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
  20. Contact Us. If You have any questions regarding these TOU, the Site or the Platform please contact us at:

    Square Foods, LLC
    21 Orinda Way, Ste C #190
    Orinda, CA 94563.
    
Email: hello@squarebaby.com