Terms of Use

Terms and Conditions

Welcome to Square Bear Mobile Walk-in Freezers and Coolers (referred to as "we", "our", or "us"). By accessing our website (the "Site"), you agree to comply with and be bound by the following terms and conditions of use. Please read these terms and conditions carefully before using our website.

1. Acceptance of Terms: By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

2. Use of the Site: The content of the pages of this Site is for your general information and use only. It is subject to change without notice. We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

3. Intellectual Property Rights: All content included on this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Square Bear Mobile Walk-in Freezers and Coolers or its content suppliers and is protected by international copyright laws.

4. Privacy Policy: Your use of this Site is also subject to our Privacy Policy. Please review our Privacy Policy, which governs the use of personal information on the Site.

5. Links to Third-Party Websites: The Site may contain links to third-party websites that are not owned or controlled by Square Bear Mobile Walk-in Freezers and Coolers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.

6. Limitation of Liability: In no event shall Square Bear Mobile Walk-in Freezers and Coolers, its officers, directors, employees, or agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Site, even if we have been notified orally or in writing of the possibility of such damage.

7. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law provisions.

8. Changes to Terms and Conditions: Square Bear Mobile Walk-in Freezers and Coolers reserves the right to revise these terms and conditions at any time without notice. By using this Site, you are agreeing to be bound by the then-current version of these Terms and Conditions.

By using this Site, you signify your acceptance of these Terms and Conditions. If you do not agree to these terms, please do not use our Site.

These terms and conditions are subject to updates and revisions as deemed necessary by Square Bear Mobile Walk-in Freezers and Coolers. Please check back regularly for any changes.

Pricing Policy

Online prices and selections generally match those on Square Bear's website but may vary.

Termination of Use

Square Bear may, in its sole discretion, terminate any account you may have on the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.

Vehicles, Products, and Services

The Site does not constitute an offer to buy, sell, lease, rent, or maintain walk-in freezers and coolers from Square Bear or to provide any warranties, equipment, products, or services of any kind.

Photographs of walk-in freezers and coolers listed on this site depict the units as accurately as possible, but please note that variations in monitor settings may affect how they appear on your screen. To ensure the accuracy of the information and to view the units firsthand, we recommend contacting the Square Bear location where a unit is situated before visiting. Additionally, please be aware that prices, special offers, guarantees, and warranties, if any, are subject to change without prior notice.

Any currency conversion herein is an estimate. When an exact currency conversion is required for any transaction, such will be calculated based on the official currency conversion on the day of the transaction.

User Generated Content

The Site may act as a venue, through its blogs and other forums (collectively, the "Blogs"), allowing the users of the Site to contribute information and make statements ("User Generated Content"). Square Bear is not involved in the actual transmission of User Generated Content provided for in the Blogs. As a result, Square Bear does not approve or endorse any User Generated Content in the Blogs, and you hereby acknowledge and agree that Square Bear has no control over the quality, correctness, timeliness, safety, truth, accuracy, or legality of any User Generated Content provided by you or any other person or entity in the Blogs.

Transmissions, Submissions, and Postings to the Site

If you transmit, submit, or post information to the Site, you automatically grant Square Bear and its affiliates and assigns, the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish, and/or incorporate any or all such information in any media whatsoever.

You shall not transmit, submit, or post the following to the Site:

- Information that infringes Square Bear’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights;

- Information that violates any law, statute, ordinance, or regulation;

- Information that is unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit, or vulgar, or otherwise injurious to Square Bear or third parties or that infringes on Square Bear’s or any third party’s rights of publicity or privacy;

- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

- Information containing or constituting chain letters, mass mailings, or any form of “spam”;

- Information that is false, inaccurate, or misleading;

- Commercial advertisements or solicitations without written permission from Square Bear; or

- Federally Trademarked and/or Copyrighted information without written permission from Square Bear.

Although Square Bear does not regularly review your transmissions, submissions, or postings, Square Bear reserves the right (but not the obligation) to edit, refuse to post, or remove your transmissions, submissions, or postings. Square Bear may review transmissions, submissions, or postings made by you to determine, in its sole discretion, your compliance with these Terms of Use.

You are solely responsible for all your transmissions, submissions, or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting, or posting them.

Intellectual Property Rights

Square Bear’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Square Bear in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Square Bear, which permission may be withheld in Square Bear's sole discretion. Square Bear makes no proprietary claim to any third-party names, trademarks, or service marks appearing on the Site. Any third-party names, trademarks, and service marks are the property of their respective owners.

The information, advice, data, software, and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, Square Bear or its Content suppliers. Square Bear also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of Square Bear or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

You shall be solely responsible for any damage resulting from your infringement of Square Bear's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software, and/or any other harm incurred by Square Bear or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Use.

Use of the Content

Square Bear grants you a limited license to access, print, download, or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms of Use, is permitted by you without the express prior written permission of Square Bear, which permission may be withheld in Square Bear's sole discretion.

You may not use any meta tags or any other “hidden text” utilizing Square Bear’s name or trademarks without the express written permission of Square Bear, which permission may be withheld in Square Bear's sole discretion.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Site or any portion of the Site or for any other purpose, without Square Bear’s express written permission which may be withheld in Square Bear’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Square Bear’s sole discretion, an unreasonable or disproportionately large load on Square Bear’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your personal information) from the Site without the prior written permission of Square Bear and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Square Bear’s robot exclusion headers or other measures Square Bear may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Square Bear grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, but not caches or archives of such materials. Square Bear reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Blogs or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without Square Bear’s express, written permission, which permission may be withheld in Square Bear’s sole discretion.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You may not use the Site: (1) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding export data or software to and from the US or other countries); (2) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (3) to transmit or procure or send any advertising or promotional material, including any junk mail, chain letter, spam, or other solicitation; and (4) to impersonate Square Bear or a Square Bear employee or any user or any other person or entity.

You further agree not to: (1) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (2) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (3) use any device, software, or routine that interferes with the proper working of the Site; (4) introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or (5) attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Electronic Communications

When you visit the Site or send email to Square Bear, you are communicating with Square Bear electronically. You consent to receive communications from Square Bear electronically. Although Square Bear may choose to communicate with you by regular mail, Square Bear may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Square Bear provides to you electronically satisfy any legal requirement that such communications be in writing.

Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services, and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of the Site.

Third-Party Links

There may be provided on the Site links to other websites belonging to Square Bear’s advertisers, business partners, affiliates, and other third parties. Such links do not constitute an endorsement by Square Bear of those websites, nor the products or services listed on those websites. Square Bear is not responsible for the activities or policies of those websites. Square Bear does not endorse or recommend the products or services of any particular advertiser, business partner, affiliate, or other third party. Square Bear does not guarantee that the terms, prices, or rates offered by any particular advertiser, business partner, affiliate, or other third party on the Site are the best terms, best prices, or lowest rates available in the market. You acknowledge and agree that these third parties are solely responsible for any products or services they may provide to you and that Square Bear shall not be liable

for any losses, costs, damages, or claims in connection with, arising from, or related to your use of a third party’s products or services.

Mobile Devices

For aspects of the Site accessible via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of these Terms of Use and other agreements within the application apply to your use of such mobile application.

Copyright Infringement

It is Square Bear’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Square Bear shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Square Bear and/or others.

**Square Bear's Disclaimer and Limitation of Liability**

**Disclaimer of Representations and Warranties**

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS. SQUARE BEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.

Certain third-party providers of products may separately provide limited representations and/or warranties regarding their products. This disclaimer does not apply to such product warranties.

The Site is controlled and offered by Square Bear from Square Bear’s facilities in the United States of America. Square Bear makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitations on Square Bear's Liability

SQUARE BEAR SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY COST, EXPENSE, LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SQUARE BEAR AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT SQUARE BEAR SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND SQUARE BEAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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.

Indemnification of Square Bear

You shall defend, indemnify, and hold harmless Square Bear and its officers, directors, shareholders, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete, and current personally identifiable information requested or required by Square Bear; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions, or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

Square Bear's Remedies

You acknowledge that Square Bear may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law may be an inadequate remedy. Therefore, in the event of such a breach or threatened breach of any provision of these Terms of Use by you, Square Bear shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or Square Bear shall be entitled to a decree for specific performance of the provisions of these Terms of Use.

Jurisdiction and Miscellaneous

If any portion of these Terms of Use is deemed unlawful, void, or unenforceable by any court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms of Use that is unlawful, void, or unenforceable shall be stricken from these Terms of Use.

The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

All covenants, agreements, and representations made in these Terms of Use, as may be amended by Square Bear from time to time, shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.

These Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and Square Bear regarding the subject matter of the same and supersede all other previous agreements, understandings, and/or representations regarding the same. To the extent that these Terms of Use conflict with the terms of any vehicle rental, vehicle purchase, vehicle lease, maintenance service, vehicle warranty, or other agreements entered into by and between you and Square Bear in connection with your purchase of goods or services, then the terms of such agreements shall prevail. These Terms of Use.

Certain Square Bear Sites may be subject to additional terms and conditions or policies specific to a certain Site. To the extent that these Terms of Use conflict with such terms and conditions or policies, then such shall prevail.