Terms Of Use

Welcome to www.twnsqr.com and/or to the interactive use of the website features through our applications that run on mobile devices (collectively, the website and the mobile application services are referred to as the "Service"), owned and operated by TwnSqr, Inc. ("We" or "Us" or equivalent pronouns). We appreciate You visiting this website and allow You to do just that - stop by and leisurely check it out without registering with our Service. However, upon creation of a free account to become a User on our website, these terms of use (the "Terms of Use") constitute a contract by and between the person or entity using this Service ("You" or equivalent pronouns) and Us. Your use of the Service constitutes an agreement to these Terms of Use and Our Privacy Policy. We do not consent to Your use of the Service unless You have agreed to these Terms of Use and our Privacy Policy. Therefore, if You do not so agree, immediately cease any and all use of the Service and make no use of any kind of the Service or any Information (defined below) on the Service in the future.

CHANGES.

We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Service. Your continued usage after such changes are posted constitutes acceptance of each of the revised Terms of Use and/or Privacy Policy. We encourage You to familiarize Yourself with such policies. Our Service Privacy Policy may be found at a link for "Privacy Policy" or equivalent on the Service.  We may alter the Services We offer You and/or choose to modify, suspend or discontinue the Services at any time and without notifying You.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms of Use from time to time.  Because Everyone benefits from clarity, We promise to inform You of any material modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using the Services.  Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of our website.  These expressly-designated legal notices or terms are incorporated into these Terms of Use and supersede the provision(s) of these Terms of Use that are designated as being superseded.

INTRODUCTION.

Please read the following carefully before using this Service. By accessing this Service, You acknowledge, represent, warrant and covenant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Service and use Information made available on the Service solely for Your own personal use, or use for Your business if You have been authorized to do so. You further covenant to comply with all applicable national and international, federal and state laws, rules and regulations with respect to Your use of the Service.

ELIGIBILITY.

Membership with the Service is void where prohibited. By using the Services, you represent, acknowledge, and agree that you are at least 18 years of age, or, if you are under 18 years of age but at least 13 years of age (a “Minor”), that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Website and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms of Use and to fully indemnify and hold harmless Us if the Minor breaches any of these Terms of Use.

The Service is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, You represent and warrant that You are 13 or older and that You agree to and to abide by all of the terms and conditions of these Terms of Use.

ACCESS CREDENTIALS.

To become a User on our website, you can click on “Signup” and create a free account, which only requires a name and a verified email address.  You will then receive access credentials (login information) to sign into your account. We use https://firebase.google.com/docs/auth (“Firebase”) for authentication of Users. When a User creates an account, it directly creates a user within Firebase.  We does not view/process any passwords. The creation of an account in Firebase sends an event to our backend, which creates a record of the User in our database, which references the user created/stored in Firebase.  

In addition, we use https://stripe.com for payment processing. When a new User is created in our database, it triggers an event which creates a Stripe Customer https://stripe.com/docs/api/customers for the User (for the purpose of collecting payments) as well as a Stripe Account https://stripe.com/docs/api/accounts (for the purpose of distributing payments).

You may not and covenant not to disclose, share or distribute access credentials to allow anyone other than You (or in the case of a business use permitted in a Service Order, a business) to login and use the Service as You. You covenant to maintain such login credentials confidential and secure from unauthorized access or use.

SERVICE

The TwnSqr Platform allows Users to connect with other Users to buy and sell properties. Users may upload buyer lists onto our Website (“Buyer Lists”). When a User uploads a Buyer List to the Website, that User is certifying to TwnSqr that the individuals, companies or entities on the Buyer List have given their consent to receive correspondence from TwnSqr.   Once a User uploads a Buyer List onto the Website, the Buyer List will be stored on an account that is managed, owned and accessed only by TwnSqr.   Users may also upload their personal criteria for purchasing or selling a property onto our Website (“Purchase Criteria”).  As stated in our Privacy Policy, we will not share Buyer Lists or Purchase Criteria with anyone unless you authorize us to do so.   We shall also remove, delete or otherwise destroy any information in the Buyer Lists or Purchase Criteria if you authorize us to do so.  

Any contracts between Users, including contracts for the purchase of a property, contracts for assignment of other agreements, contracts for an agent’s representation of a Buyer or Seller, or any other contracts between two different Users on the Service (“User Contracts”), are contracts between those two Users only. We are not a party to such User Contracts and We have no obligations or liability associated with such User Contracts.  The Users acknowledge that We did not provide any legal or other advice with respect to the terms of User Contracts and had no input whatsoever in the negotiation of such terms.  The Users that are parties to such User Contracts agree to defend, indemnify, and hold Us, Our affiliates, and Our respective officers, directors, employees and agents, harmless from and against any claims, actions or demands, including without limitation actual legal and accounting fees, alleging or resulting from the breach of any such User Contracts.

USER CONTACTS

Users may upload emails of contacts to Our website (“Contacts”) for the purposes of sending marketing material and other information related to properties on our website.   Users may use the Service and other tools on Our website to send emails to Contacts that include materials related to certain properties (“Marketing Materials”), provided, however, that Users have received in advance written verification that each Contact has consented to receive such Marketing Materials.  In the event that any such Contact has not provided such consent and, therefore, has not “opted-in” to receiving Marketing Materials from Our website, Users may not use the Service or any other tools on Our website to send Marketing Materials to the respective Contact and may not send any other materials from Our website to such Contact.  

Compliance with the Telephone Consumer Protection Act (TCPA)

The Federal Communications Commission (FCC) requires that We not transmit calls or send text messages that violate the TCPA.  In some instances, new properties may be shared with Users on our website.  In these instances, we may wish to send a User of our Service (as defined in our Terms of Use) a text message or Short Message Service (SMS) that provides an alert to that User that the new property has been shared with them.  The text message or SMS shall not contain any of Your personal information or the personal information of any other individual.  In addition, the text message or SMS shall not include any direct identifiers, such as a full name, user name or number, contact information, such as email address, job title, physical address, phone number and other information associated with the direct identifiers, such as account information.

You agree that by becoming a User and signing up for our Service, that you are providing consent to Us to send you a text message or SMS for the sole purpose of providing an alert that a new property has been shared with You on our website.  In the event that you no longer wish to receive such text messages, You can simply notify Us and We will stop sending any further text messages to You without your written consent. 

PRIVACY POLICY.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information.  So, please review Our Privacy Policy (“Privacy Policy”) <hyperlink to be added> which explains everything.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links on our Service to third-party websites.  If You use these links, You will leave this website. We are not obligated to review any third-party websites that You link to from this website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on this website to be shared with Your contacts in your third-party site account.

COPYRIGHTS AND LIMITED LICENSE.

All words, pictures, content, graphs, charts, data and other matters presented or made available on the Service sourced from Us are Our proprietary property and copyrighted (the "Information"). We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal purposes only. For the avoidance of doubt, You are specifically not authorized to access, and not authorized to use, any Information on the Service, for any business purpose other than to present information about Your own business to Your other employees/members. All other rights are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation, except to the extent necessary to make use of the Service, You are not authorized to use, and You specifically covenant that that You will not use, the Information on the Service to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to allow someone else to use the Information on the Service; (ii) download any Information on this Service (except for Your personal, or as applicable business, use); (iii) sell the Information downloaded (or copied in another form) for money, exchange or other consideration; (iv) redistribute the Information for free to anyone; (v) make any more than one print copy of the Information for Your personal (or if applicable business) use; (vi) republish the Information; (vii) make any alterations, additions or other modifications to the Information; or (viii) use the Information to compete, directly or indirectly, with Us.

Unfortunately, if You breach any of these Terms of Use, the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

NO LICENSE TO TRADEMARKS.

All of Our trademarks, service marks, tradenames or other identifying marks displayed on the Service (the "Marks") are owned by Us and/or Our licensors. The Service may also contain trademarks of third parties; such marks are owned by third parties and unless expressly stated, We are not affiliated with or associated with the owners of such third party marks, and such marks are used on the site solely to identify the goods and services of such owners and not to represent any affiliation with such trademark owners. Except as applicable law may otherwise provide, or except as agreed to in writing by Us, We do not consent to any use of Our Marks by any person and do not grant You any right to use the Marks displayed on this Service.

AVAILABLE REMEDIES.

We do not validate, error check or otherwise confirm the truth or accuracy of information posted on the Service by Users, including any information posted in a User’s listing or any information associated with an unregistered or registered real estate agent (“Information”); nor do We review or warrant the quality or accuracy of Information that You may acquire from the Service. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Service. When We become aware of any incorrect Information, harmful activities or if We receive any claim from a third party, in Our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Service, removing or deleting the Your account (and preserving the related data in case of any claim by a third party) or any other action We deem appropriate. We may be required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement, and We may do so by disabling an entire page or record, instead of disabling solely the allegedly infringing content. The sole and exclusive remedy for any claim against Us shall be for Us to repair, replace or remove erroneous or illegal Information.

ADVERTISEMENTS

To the extent Information on the Service includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You. We do not vouch for, review, validate, accept responsibility for or otherwise undertake any liability arising from, third party advertiser statements, products, services or other actions of third parties.

LINKING; NO FRAMING.

We permit reasonable, good faith and non-defamatory links to the Service so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though the wordmarks may be used if proper credit is provided on the page). Unless We have specifically agreed to do so in writing pursuant to a written agreement signed by Us, We do not consent to "framing" or displaying any of Our Information in connection with, inside of, in relation to, or otherwise as part of, any other Service or other information provider. We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, You will terminate all links identified by Us to be terminated.

UNAUTHORIZED ACTIVITIES.

To be clear, We authorize Your use of the Services only for Permitted Purposes.  Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services.  You agree as follows in respect of the acceptable and unacceptable uses of the Service (as defined in the Terms of Use). You will not and covenant not to:

use or attempt to use the Service for any illegal, abusive or unethical activities as determined by Us in Our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.

send unsolicited bulk mail messages ("junk mail" or "spam").

breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.

impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or Us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; You may not alter the attribution of origin in electronic mail messages or posting.

undermine or seek to undermine the security or integrity of computing systems or networks or gain unauthorized access or control over Our computers or any other person's computers.

permit another person to use Your resources or the Service to conduct any of the matters You are prohibited from doing.

distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Service may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.

knowingly take any action that would cause Us to violate any terms of an upstream service provider's acceptable use policy.

The above list of acceptable and unacceptable uses of the Service is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in Our sole discretion to determine whether any particular conduct is an acceptable use of the Service. In cases where We determine You engaged in conduct that You reasonably believed did not violate this policy in good faith, We will attempt to provide You electronic notice of Our determination that such conduct is not an acceptable use, but in an emergency as determined by Us, We may immediately terminate such access and make attempts to provide you with notice after we have terminated Your access. You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of Your violation.  You alone are responsible for any violation of these Terms by You.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

INTELLECTUAL PROPERTY INRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this website or the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. When We receive proper notification of alleged copyright infringement, We promptly remove or disable access to the allegedly infringing material as described herein in accordance with the Digital Millennium Copyright Act, and We may terminate the accounts of persons engaging in such acts, or take other means, including IP blocking, to disable such access. If You believe that any material on the Service infringes upon any copyright which you own or control, You may send a written notification of such infringement to info@TwnSqr.com.

DISCLAIMER OF WARRANTIES.

THIS WEBSITE AND THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE OR THE SERVICE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE SERVICE. THERE IS NO WARRANTY THAT ANY INFORMATION, SERVICE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE SERVICE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT (OR REMOVE) THE INFORMATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE OR THE SERVICE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that the Service will meet Your requirements or that this website or the Service will be uninterrupted, timely, secure, or error free or that defects in this website or the Service will be corrected. We make no warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website or the Service. No advice or information, whether oral or written, obtained by You through this website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE OR THE SERVICE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE SERVICE.

TERMINATION.

We may terminate Your access to the Service for any reason, or no reason, at any time in Our sole discretion, with or without notice.

INDEMNITY.

You agree to defend, indemnify, and hold Us, Our affiliates, and Our respective officers, directors, employees and agents, harmless from and against any third party claims, actions or demands, including without limitation actual legal and accounting fees, alleging or resulting from (i) Your use of any of Our Information or Our Marks, (ii) Your use (and/or misuse) of the Service, (iii) Your breach of the terms of these Terms of Use, the Acceptable Use Policy, or the Privacy Policy, (iv) Your violation of any applicable US, international, federal and state laws, rules and regulations or (v) any alleged breach of a User Contract.  

RESERVATION OF RIGHTS.

We reserve all rights not expressly granted herein. Except as set forth in these Terms of Use, no express or implied license or right of any kind is granted to You regarding the Service. Except as expressly permitted herein, You covenant not to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, adapt, disassemble, decompile or reverse engineer the Service or any software comprised in the Service, or to create derivative works based on, or obtain possession of any source code of, or technological material relating to, the Service or any portion thereof.  Any software that is part of the Service is proprietary software, otherwise known as non-free software or closed-source software (“Software”).  The term Software shall mean the software (in executable code form), data, content and any other digital information as may be provided to You or otherwise used by You on the TwnSqr Platform.  Other than the limited right to use our Services pursuant to these Terms of Use, we reserve all rights to such Software and grant You no other rights to our Software.  All implied licenses are expressly disclaimed.

GOVERNING LAW; CHOICE OF FORUM.

These Terms of Use and Your use of the Service shall be governed and construed in accordance with the laws of the State of Pennsylvania, exclusive of its conflicts of laws principles. You consent and submit to the sole and exclusive jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Pennsylvania.

ARBITRATION.

Except for solely equitable claims which may be pursued immediately and directly in court, all claims by a party for breach of this Agreement that are not resolved by mutual written agreement shall be settled by binding arbitration before a single arbitrator under the rules of the American Arbitration Association. The location of such arbitration shall be in the State that Our principal offices are located at the time the dispute arises, or at a location determined by the arbitrator(s). The parties shall mutually agree on an arbitrator or if they cannot, the arbitrator shall be appointed under the rules of the American Arbitration Association. Arbitration may be commenced by either party by giving written notice to the other party that the dispute has been referred to arbitration under this Section. Any award rendered by the arbitrator shall be conclusive and binding upon the parties, provided that any such award shall be accompanied by a written opinion giving the reasons for the award. This Section shall be specifically enforceable by the parties and the decision of the arbitrator may be filed under the Federal Arbitration Act or any equivalent state arbitration act as an award of arbitration and shall be a judgment of record in such court; provided however, that either party may appeal the decision of the arbitrator as if such decision had been rendered by such court sitting without a jury, subject to all court rules and procedures for collection and stay of judgment. Each party shall pay its own expenses of arbitration and the expenses of the arbitrator shall be equally shared. In all cases each of the parties IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A DEMAND A TRIAL BY JURY of any claim arising out of or related to this Agreement or the performance or nonperformance of either party.

FEEDBACK.

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

GENERAL.

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You.  We will even provide You with recommended necessary corrective action(s) because We value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this website or the Service without prior notice to You.  The Federal Arbitration Act, Pennsylvania state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms of Use will be heard in the courts located in Pittsburgh, Pennsylvania.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms of Use, We are not waiving Our rights.  These Terms of Use are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

MISCELLANEOUS.

We, You, and permitted successors or assigns, are the sole intended beneficiaries of this Agreement, there are no other intended beneficiaries of this Agreement, and no such unintended beneficiary or third party shall have the right to sue on or enforce this Agreement. Without limiting the foregoing, You shall not (except as expressly permitted in this Agreement) (i) license, sublicense, sell, resell, transfer, assign, distribute, provide as a service bureau or software-as-service or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Service or "frame" or "mirror" any content on any other server or wireless or internet-based device; or (iv) build a competitive product or service or build a product using Confidential Information of Us or using the access You have had to the Service. You shall not allow sharing of access credentials or access rights and may not reassign or otherwise transfer such rights. Questions or comments regarding these Terms of Use should be directed to Us care of Info@TwnSqr.com.