1)      General 

a)      Customer Access and Use      

SquareLoop will provide you with login information and access information. Using the provided user ID, password and URL, you will be able to access the Messaging Software to upload electronic messages (“Messages”) to be transmitted to your Subscribers/Users. Your registration will allow you to access those portions of the Website and those of SquareLoop’s products and services as set forth in your agreement with SquareLoop. Such access may be used to register with SquareLoop, input and manage billing and other information regarding your account and those of your Subscribers/Users, transmit Messages or other downloads to your Subscribers/Users, and access SquareLoop Customer Service. Your ability to access and use SquareLoop’s Messaging Software and Website is conditioned upon compliance with the terms and conditions of your agreement with SquareLoop and any unauthorized access or use is expressly prohibited. SquareLoop may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Messaging Software or Website or your access to either, temporarily or permanently, at any time and without notice to you. Under no circumstance will SquareLoop be liable for any such change, modification, suspension, improvement or discontinuance. 

b)      Subscriber/User Access and Use

To obtain access to the Messaging Software as a Subscriber/User, please register with SquareLoop at www.mobilealertnetwork.com or the URL provided by your content provider. After registering, you will be able to download the Messaging Software and receive electronic messages (“Messages”) by means of SquareLoop’s Messaging Software, to your personal mobile device (“Mobile Device). Your registration will allow you to access those portions of the Website and those of SquareLoop’s products and services which have been designated by SquareLoop and your service provider as part of your service. Such access may be used to register with SquareLoop, input and manage billing and other information regarding your account, and receive Messages or other downloads to a Mobile Device. Your ability to access and use SquareLoop’s Messaging Software and Website is conditioned upon compliance with the terms and conditions of your agreements with your service provider and SquareLoop and any unauthorized access or use is expressly prohibited. SquareLoop may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Messaging Software or Website or your access to either, temporarily or permanently, at any time and without notice to you. Under no circumstance will SquareLoop be liable for any such change, modification, suspension, improvement or discontinuance. 

2)      User Registration

By registering to become a user, whether in the capacity of Customer or Subscriber/User (“User”), you represent and warrant that the information you provide to SquareLoop during the registration process is accurate, and that you will promptly notify SquareLoop if any of that information changes. SquareLoop may use the information that you provide during the registration process: 

a)      to communicate with you about the Messaging Software or other products, including without limitation any changes to this Agreement or the SquareLoop Privacy Policy or other policies;

b)      to verify your creditworthiness with a credit reporting agency to determine your eligibility for SquareLoop’s services; and

c)       for all other purposes stated in the SquareLoop Privacy Policy.   

User acknowledges and agrees that SquareLoop does not provide access to emergency serviceS by dialing 911 or by any other means.

4)      Representations and Warranties

Only those who have agreed to the terms and conditions set forth in the SquareLoop Terms and Conditions, SquareLoop End User Software License Agreement and the SquareLoop Privacy Policy and paid all applicable fees associated with use of the Messaging Software may access or use the Messaging Software and Website. Customer access or use of the Messaging Software is governed by the terms and conditions set forth in the applicable Customer Agreement. 

a)      Customer Representations and Warranties.

By registering to transmit and by transmitting Messages or otherwise using the Messaging Software or the Website as a Customer, you thereby represent and warrant that: 

i)        You are entirely responsible for the content of, and any harm resulting from, Messages that are stored on SquareLoop’s servers by means of your use of the Messaging Software or the Website. 

ii)       The distribution, transmission, public display and performance, accessing, downloading and copying of your Message does not and will not infringe the copyright, trademark or trade secret rights of any third party;

iii)     You have fully complied with any third-party licenses relating to your Message, and have done all things necessary to successfully pass through to viewers any required terms;

iv)     Your Message does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

v)      Your Message is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

vi)     Your Message does not exploit people under the age of eighteen (18) in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

vii)   Your Message does not violate any state or federal law;

Your Message does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;

ix)     Your Message does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on SquareLoop’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

x)      Your Message does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

xi)     Your Message does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

xii)   Your Message does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by SquareLoop in its sole discretion. Without limiting any of those representations or warranties, by registering to transmit and by transmitting Messages or otherwise using the Messaging Software or Website as a Customer, you thereby acknowledge and agree that SquareLoop has the right (though not the obligation) to,

(1)   in SquareLoop’s sole discretion delete any Message that, in SquareLoop’s reasonable opinion, violates any SquareLoop policy or is in any way harmful or objectionable and

(2)   to change, modify, suspend, or discontinue any aspect of its service to you either temporarily or permanently, at any time and without notice to you. Such change, modification, suspension or discontinuance may include, but is not limited to, disabling your ability to send or your Subscriber’s ability to receive Messages, reversing any downloaded Messaging Software, or removing Subscriber information from Message distribution lists and may be based upon any action taken by you which SquareLoop, in its sole discretion, believes to be undesirable. Under no circumstance will SquareLoop be liable for any such change, modification, suspension, improvement or discontinuance.

b)      Subscriber Representations and Warranties

            By registering to receive and by receiving Messages, you thereby represent and warrant that: you have fully complied with any third-party licenses relating to the Message, and have done all things necessary to comply with any required terms provided to you by the transmitter of the Message, SquareLoop or any applicable state or federal law. Without limiting any of those representations or warranties, by registering to receive and by receiving Messages or otherwise using the Messaging Software or Website as a Subscriber, you thereby acknowledge and agree that SquareLoop has the right (though not the obligation) to,

i)        in SquareLoop’s sole discretion delete any Message that, in SquareLoop’s reasonable opinion, violates any SquareLoop policy or is in any way harmful or objectionable, and

ii)       to change, modify, suspend, or discontinue any aspect of its service to you either temporarily or permanently, at any time and without notice to you. Such change, modification, suspension or discontinuance may include, but is not limited to, disabling your ability to receive Messages, reversing any downloaded Messaging Software, or removing your information from Message distribution lists and may be based upon any action taken by you which SquareLoop, in its sole discretion, believes to be undesirable. Under no circumstance will SquareLoop be liable for any such change, modification, suspension, improvement or discontinuance.

5)      Prohibited Activities By User

You may not access or use the Messaging Software or Website for any other purpose other than that for which SquareLoop makes it available to you. You are only authorized to access or use the Messaging Software or Website in accordance with the terms and conditions of this and any other applicable agreement between you and SquareLoop and any use or access which exceeds the parameters agreed upon by you and SquareLoop is expressly prohibited. Certain activities, even if legal, may violate the rules of use, as determined by SquareLoop in SquareLoop’s sole discretion. Prohibited activity includes, but is not limited to: 

a)      criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

b)      using any information obtained from the Website, the Messaging Software or the Messages in order to contact, advertise to, solicit, or sell to any other person without their prior explicit consent;

c)       interfering with, disrupting, or creating an undue burden on the Website, the Messaging Software, or the networks or services connected to the Website or Messaging Software;

d)      attempting to reverse engineer, decompile code or otherwise gain access to Messaging Software or the networks or services connected to the Website or Messaging Software beyond that which is authorized under your agreement with SquareLoop or the Message provider;

e)      transmitting chain letters or junk email to other Users;

f)        attempting to impersonate another User or person; and

g)      using the Website or the Messaging Software in a manner inconsistent with any and all applicable laws and regulations.

6)      Intellectual Property Rights

The content of the Messaging Software and the Website, except for the content of a specific Message, including without limitation, the text, Messaging Software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to SquareLoop, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website and the Messaging Software are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners other than expressly permitted by SquareLoop in accordance with its Trademark and logo policies located at: www.squareloop.com/trademark. SquareLoop reserves all rights not expressly granted in and to the Website, the Messaging Software, and the Materials.

7)      SquareLoop’s Right to Manage the Messaging Software and Website and Terminate Users

SquareLoop reserves the right but does not have the obligation to: 

a)      monitor the Website or the Messaging Software for violations of this Agreement;

b)      take appropriate legal action against anyone who, in SquareLoop’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities

c)        in SquareLoop’s sole discretion and without limitation, delete any User’s Message or any portion thereof that may violate this Agreement or any SquareLoop policy;

d)      in SquareLoop’s sole discretion and without limitation, notice or liability to remove from the Messaging Software and Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to SquareLoop’s systems;

e)      terminate repeat infringers’ use of the Messaging Software and Website; and

f)        to otherwise manage the Messaging Software and Website in a manner designed to protect the rights and property of SquareLoop and others and to facilitate the proper functioning of the Messaging Software and Website.

g)      SquareLoop’s Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SQUARELOOP RESERVES THE RIGHT TO, IN SQUARELOOP’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE MESSAGING SOFTWARE AND WEBSITE TO ANY PERSON, FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

This Agreement shall remain in full force and effect while you use the SquareLoop Messaging Software and Website. You may terminate your use or participation at any time, for any reason, by sending an email stating your desire to terminate your use or participation to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . SquareLoop may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.

The Messaging Software and Website are for the personal use of Subscribers/Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SquareLoop. You shall not engage in unauthorized framing of or linking to the Messaging Software or Website without the express written consent of SquareLoop. 

SquareLoop has not reviewed, and cannot review, all of the material, including computer Messaging Software programs, made available through the Website or the Messaging Software and webpages to which the Messaging Software and Website link, and that link to the Messaging Software and Website. SquareLoop does not have any control over those non-SquareLoop Messaging Software programs and webpages, and is not responsible for their contents or their use. By linking to a non-SquareLoop Messaging Software program or web page, SquareLoop does not represent or imply that it endorses such Messaging Software program or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems and Mobile Devices from viruses, worms, Trojan horses and other harmful or destructive content. SquareLoop disclaims any responsibility for any harm resulting from your use of non-SquareLoop Messaging Software programs and web pages.

All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged breach) of your access to or use of the Website, including without limitation your or others’ downloading or consumption of the Software or content or other materials available by means of the Website or third-party websites, will be exclusively resolved under confidential binding arbitration held in Fairfax, Virginia before and in accordance with JAMS. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The parties also may seek an order or judgment by a court of competent jurisdiction compelling arbitration or confirming any arbitration award secured under this Section 11(a).

If you do not wish to accept the binding arbitration provisions contained in this Section you must notify SQUARELOOP in writing within 30 days after registering with the Website by sending us an email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . If you notify us by that time that you do not accept the binding arbitration provisions contained in this Section, you may continue to use the non-interactive portion of the website; however, your registration will be cancelled and you will not be able to download THE SOFTWARE. If you elect to continue using the non-interactive portion of the website after giving SQUARELOOP such notice, you agree to accept all of the terms of this Agreement except for the binding arbitration provisions contained in this Section.

Injunctive Relief and Confirmation Proceedings

Notwithstanding the foregoing, SquareLoop will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.

In the event of litigation or to compel arbitration or to enforce an arbitration award under Section 11(a), or to obtain an injunction under Section 11(b), the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in or having jurisdiction over Fairfax, Virginia. 

EXCEPT TO THE EXTENT APPLICABLE LAW, IF ANY, PROVIDES OTHERWISE, THIS AGREEMENT AND ANY ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR OR OTHERS’ DOWNLOADING OR CONSUMPTION OF THE SOFTWARE OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEBSITE OR THIRD-PARTY WEBSITES WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA, EXCLUDING ITS CONFLICTS OF LAWS PRINCIPLES.

By operating the Messaging Software or hosting the Website, SquareLoop does not represent or imply that SquareLoop endorses any content linked to by the Messaging Software or the Website, including without limitation content hosted on third party Websites. THE MESSAGING SOFTWARE AND WEBSITE ARE PROVIDED “AS IS”. YOU AGREE THAT YOUR USE OF THE MESSAGING SOFTWARE OR ACCESS TO THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SQUARELOOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MESSAGING SOFTWARE, THE WEBSITE, AND YOUR USE THEREOF. SQUARELOOP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE MESSAGING SOFTWARE, THE WEBSITE OR THE CONTENT OF ANY MESSAGING SOFTWARE OR WEBSITE LINKED TO THIS MESSAGING SOFTWARE AND WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MESSAGING SOFTWARE OR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MESSAGING SOFTWARE OR WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MESSAGING SOFTWARE OR WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MESSAGING SOFTWARE OR WEBSITE AND ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MESSAGING SOFTWARE OR WEBSITE. SQUARELOOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MESSAGING SOFTWARE, WEBSITE, OR ANY HYPERLINKED MESSAGING SOFTWARE OR WEBSITE, AND SQUARELOOP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL SQUARELOOP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MESSAGING SOFTWARE OR WEBSITE, EVEN IF SQUARELOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SQUARELOOP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, (IF ANY), BY YOU TO SQUARELOOP FOR THE SQUARELOOP SERVICES DURING THE TERM OF YOUR USE OF THE MESSAGING SOFTWARE OR WEBSITE.

You agree to indemnify and hold SquareLoop, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, and its distributors, licensors, contributors and their respective directors, officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your transmission or receipt of any Messages and use of the Messaging Software or Website, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Message stored on SquareLoop’s servers causes SquareLoop to be liable to another.

This Agreement constitutes the entire agreement between you and SquareLoop regarding the use of the Messaging Software and Website. The failure of SquareLoop to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.