Square Buyer Account Terms of Use

Effective date: 9 April 2024

The Square Buyer Account Terms of Use (“Buyer Terms”) are a legal agreement between you (“you,” “your”) and Squareup International Limited a company incorporated in Ireland with company number 583287 whose registered office is at 70 Sir John Rogerson’s Quay, Dublin 2, Ireland (“we,” “our,” “us,” “Square”), that govern when you create an account directly with Square (a “Square Buyer Account”). A Square Buyer Account enables you to securely store your personal information in order to manage your interactions with Square merchants (“Sellers”) when you use Square Pay, Square Customer Accounts, or Square Profile (collectively, the “Buyer Services”).

By using the Buyer Services, you acknowledge our Privacy Notice for Square Buyer Services, agree to be bound by these Buyer Terms, and any policies referenced within (“Policies”), terms that limit our liability (see Section 14), and terms regarding individual arbitration for potential legal disputes (see Sections 17). You also agree to the following additional terms specific to the Buyer Services you use (“Additional Buyer Terms”), which become part of your agreement with us (collectively, the “Terms”).

  • Square Pay Terms of Service: These terms apply when you store your payment and/or shipping information with us to be used at any Square-Powered Point of Sale (“Square-Powered POS”), including any site powered by Square Online Store (“Square-Powered Site”), and through Square Customer Accounts accessed through a Seller’s website, for future checkouts (“Square Pay”).

  • Square Customer Accounts: A Square Customer Account provides a personalised browsing and checkout experience with Square Online Sellers that have enabled the Customer Accounts feature on their Square-Powered Site. For each Customer Account you sign up for, you can view your order history and manage repeat orders, view subscriptions, and interact with other features as may be added from time to time. You can also securely store and update your personal and payment information directly with Square for faster checkout at Sellers, subject to these terms and the Square Pay terms of service.

  • Square Profile: Square Profile enables you to securely store your personal and payment information directly with Square, and manage your participation in programs such as Gift Cards, and control your preferences for receiving receipts and or email marketing communications across Square Sellers. You can also use Square Profile to download, update, or delete your contact information that we hold in relation to your use of the Buyer Services. However, if you want to download, update or delete your personal information which a Square Seller holds, you will need to contact that Seller directly.

1. Square Buyer Account Eligibility and Registration

When you use any of the Square Buyer Services, you will be required to register for a Square Buyer Account. During registration we will ask you for certain personal information, which may include but is not limited to, your name, email address, text-enabled mobile phone number, street address, postal code, and payment information (“Buyer Account Information”). You must provide accurate and complete information in response to our questions, and you must keep that information current. Square will securely save your Buyer Account Information to enable you to access the Buyer Services. Some Buyer Services may require additional information from you in order to function properly.

You are fully responsible for all activity that occurs under your Square Buyer Account, including for any actions taken by persons to whom you have granted access to the Square Buyer Account. We reserve the right to suspend or terminate the Square Buyer Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

2. Revisions, Disclosures, and Notices

We may change, update or amend these Terms from time to time to reflect certain service updates or other changes, in which case we will notify you. After such notification, by continuing to use Square Pay, you agree to the updated and amended version of these Terms as posted on this page (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any dispute that arose before the Revised Version is posted will be governed by the Terms in place when the dispute arose.

You agree to Square’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Square Buyer Account to you electronically, by posting it on our website, pushing notifications through the Buyer Services, or by emailing it to the email address listed in your Square Buyer Account or that you otherwise provided to Square. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Square Support. If we are not able to support your request, you may need to terminate your Square Buyer Account.

3. Communications and Devices

Text Messages and Email Communications. By providing us with an email address and mobile number, either when you sign up for a Square Buyer Account or update the contact information associated with your Square Buyer Account, you acknowledge you will receive transactional text (SMS) messages and / or emails from Square. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, and notifications regarding updates to your account or account support. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your phone carrier may apply to the text messages we send you.

If you opt in to receiving them, we may send you marketing and promotional communications via text and / or emails regarding products and / or services we feel may be of interest to you. You may opt-out of receiving any such marketing or promotional communications by following the opt-out or unsubscribe options on such communications.

Compatible Mobile Devices and Third Party Carriers. We do not warrant that the Buyer Services will be compatible with your mobile device or carrier. Your use of the Buyer Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Buyer Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

4. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

  • engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599) or any activity that violates other sanctions or export-import controls. Prohibited activity includes but is not limited to the provision of the Buyer Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, the Crimean Region of Ukraine, and/or any other Russian-occupied regions of Ukraine. If found to be in apparent violation of these restrictions, we may terminate your Square Buyer Account;
  • access or monitor any material or information on any Square system using any manual process or robot, spider, scraper, or other automated means;
  • except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Buyer Service; work around, bypass, or circumvent any of the technical limitations of the Buyer Services; use any tool to enable features or functionalities that are otherwise disabled in the Buyer Services; or decompile, disassemble, or otherwise reverse engineer the Buyer Services;
  • perform or attempt to perform any actions that would interfere with the proper working of the Buyer Services, prevent access to or use of the Buyer Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way materials, information or Buyer Services from Square;
  • transfer any rights granted to you under these Terms;
  • except to the extent that any restriction is expressly prohibited by law, use the Buyer Services for transactions related to firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
  • use the Buyer Services for any illegal activity or goods or in any way that exposes you, other Square users, our partners, or Square to harm; or
  • otherwise use the Buyer Services except as expressly allowed under these Terms.

If we reasonably suspect that your Square Buyer Account has been used for an unauthorised, illegal, or criminal purpose, you acknowledge that we may be entitled and / or legally obligated to share information about you, your Square Buyer Account, and any of your transactions with law enforcement and / or other institutions, such as financial institutions, in accordance with applicable local, national and international laws and regulations governing such information sharing.

5. Ownership

Your Content. The Buyer Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Buyer Terms. You may modify or remove your Content via your Square Buyer Account or by terminating your Square Buyer Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Square’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Square, its affiliates or its customers or other persons to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Square may also monitor such Content to detect and prevent fraudulent activity or violations of Square’s Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

Square and Seller Content. Square reserves all rights not expressly granted to you in these Terms. Square owns the title, copyright, and other worldwide Intellectual Property Rights (as defined below) in the Buyer Services. These Terms do not grant you any rights to Square’s trade marks or service marks.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Other marks on the Buyer Services not owned by Square may be under license from the trade mark owner thereof, in which case such license is for the exclusive benefit and use of Square unless otherwise stated, or may be the property of their respective owners. These Terms do not grant you any rights to any trade marks or service marks on the Buyer Services.

Copyright and Trade mark Infringement. We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding any third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

6. Taxes

You are solely responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (including any penalties, interest, and other additions thereto) that may be imposed on you in connection with these Terms or any transactions you may enter into with Sellers. Square specifically disclaims any liability with respect to such taxes and you agree to fully indemnify, defend, and hold Square harmless against any such taxes and any other related expenses or costs arising from your transactions with a Seller.

7. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure (“Personal Data Breach”). However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.

You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile device(s) and computer(s). If you change your mobile phone number, you are responsible for preventing subsequent unauthorized use of your Square Buyer Account by taking appropriate measures to protect your account, such as promptly updating your account information or terminating your Square Buyer Account. You will immediately notify us of any unauthorized use of your password or Square Buyer Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Square and provide all information requested by Square to remediate the breach. Any assistance provided by Square in relation to a security breach does not in any way operate as acceptance or acknowledgement that Square is in any way responsible or liable to you or any other party in connection with such breach.

Notwithstanding Sections 16 and 17, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Square Buyer Account subject to dispute) will be final and binding on all parties.

8. Privacy

The Privacy Notice for Square Buyer Services (the “Privacy Notice”)explains how Square collects, uses and protects the personal information you provide to us in connection with your use of the Buyer Services.

9. Termination of Account

We may terminate these Terms, or suspend or terminate your Square Buyer Account or your access to any Buyer Service, at any time for any reason, including a violation of the Terms. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Buyer Services or any feature or aspect of a Buyer Service. We will take reasonable steps to notify you of termination or these other types of Buyer Service changes by email or at the next time you attempt to access your Square Buyer Account. You may also terminate the Terms applicable to your Square Buyer Account by deactivating your Square Buyer Account at any time.

10. Effect of Termination

If these Terms or your Square Buyer Account is terminated or suspended for any reason by you or Square: (a) the license and any other rights granted under these Terms will end, (b) we may delete your Buyer Account Information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Buyer Services, or for deletion of your Buyer Account Information or account data. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms, the following sections of these Terms survive and remain in effect in accordance with their terms upon the termination of these Terms: 2 (Revisions, Disclosures, and Notices), 5 (Ownership), 11 (Indemnity and Release), 12 (Representations and Warranties), 13 (No Warranties), 14 (Limitation of Liabilities and Damages), 15 (Third-Party Services and Links to Other Websites), 16 (Disputes), 17 (Binding Individual Arbitration), 18 (Governing Law), 19 (Limitation on Time to Initiate a Dispute), 21 (Assignment), 22 (Other Provisions).

11. Indemnity and Release

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Buyer Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights; and/or (d) your violation of any law, rule, or regulation of the United Kingdom or any other country.

You are solely responsible for your interactions with Sellers. To the extent permitted under applicable laws, you hereby release Square from any and all claims or liability related to any product or service of a Seller, including attorneys’ fees and costs, regardless of whether such product or service is available through the Buyer Services, any action or inaction by a Seller, including, without limitation, any harm caused to you by action or inaction of a Seller, a Seller’s failure to comply with applicable law and/or failure to abide by the terms of a Seller’s offering or any other product or service purchased or obtained by you from the Seller, and any conduct or speech, whether online or offline, of any other third party.

12. Representations and Warranties

You represent and warrant to us that: (a) you are at least 13 years of age; (b) you reside in the United Kingdom; (c) you are eligible to use the Buyer Services and have the right, power, and ability to enter into and perform under these Terms; (d) you are not barred from receiving products or services under applicable law; (e) you have the right to provide any and all information you submit to the Buyer Services or in relation to your use of the Buyer Services, and all such information is accurate, true, current, and complete; (f) you will not use the Buyer Services, directly or indirectly, for any fraudulent or other unlawful undertaking or in any manner so as to interfere with the operation of the Buyer Services; and (g) your use of the Buyer Services will be in compliance with these Terms.

13. No Warranties

THE USE OF SQUARE IN SECTIONS 12, 13 AND 14 MEANS SQUARE, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE BUYER SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, SQUARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SQUARE DOES NOT WARRANT OR GUARANTEE THAT THE BUYER SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE BUYER SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE BUYER SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BUYER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Square does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. Square does not have control of, or liability for, goods or services that are paid for using the Buyer Services.

14. Limitation of Liability and Damages

IN NO EVENT WILL SQUARE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE BUYER SERVICES. IN ALL CASES, SQUARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BUYER SERVICES OR YOUR SQUARE BUYER ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SQUARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE BUYER SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) £500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE (OTHER THAN FOR DEATH OR PERSONAL INJURY CAUSED BY US) , STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Buyer Services are controlled and operated from facilities in the United Kingdom. Square makes no representations that the Buyer Services are appropriate or available for use in other locations. Those who access or use the Buyer Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Irish and local laws and regulations, including but not limited to laws and regulations related to export and import activity, anti-money laundering, and anti-bribery/anti-corruption. You may not use the Buyer Services if you are a resident of a country embargoed by the United States or United Kingdom, or are a foreign person or entity blocked or denied by the United States or United Kingdom governments. Unless otherwise explicitly stated, all materials found on the Buyer Services are solely directed to individuals, companies, or other entities located in the United Kingdom.

15. Third-Party Services and Links to Other Websites

You may be offered services, products, and promotions provided by third parties, including but not limited to Sellers, and not by Square (“Third-Party Services”). If you decide to use these Third-Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Square is not responsible for the performance of any Third-Party Services. The Buyer Services contains links to third-party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Square. You agree that you access any such third-party website at your own risk, and that such website is not governed by the terms and conditions contained in these Terms. Square expressly disclaims any liability for these third-party websites. Please remember that when you use a link to go from the Buyer Services to a third-party website, our Privacy Policy is not applicable. Your browsing and interaction on a third-party website, including those that have a link in the Buyer Services, is subject to that third-party website’s own rules and policies.

16. Disputes

“Disputes” are defined as any claim, controversy, or dispute between or among you and Square and/or its processors, its suppliers, and/or its licensors (or their respective subsidiaries, affiliates, agents, directors, or employees), whether arising before or during the effective period of these Terms, including any claim, controversy, or dispute based on any conduct of you or Square that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or your Square Buyer Account, or any other aspect of our relationship.

17. Binding Individual Arbitration

The following arbitration terms shall apply:

Any Dispute between you and Square, arising out of or in connection with these Terms, including in respect of their interpretation, subject-matter or termination, will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA”), which rules are deemed to be incorporated by reference into these Buyer Account Terms. The number of arbitrators will be one, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of arbitration will be London, England, unless otherwise required under the LICA rules. The language to be used in the arbitration proceedings will be English. Any reference under this Section 17 will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Square will pay all the arbitration fees due to LCIA for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, Square will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Square also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services. If any provision of these arbitration terms is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

18. Governing Law

These Terms and any Dispute are governed by the law of England and Wales, without regard to choice of law or conflicts of law principles.

However, if you are a consumer customer in the UK (e.g. you are not acting for the purposes of your trade, craft or profession), these Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

19. Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.

20. Right to Amend the Buyer Services

We have the right to change, discontinue, or impose conditions on any feature or aspect of the Buyer Services, including by changing or adding to these Terms with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on the Square Buyer Account or any other website maintained or owned by us for the purposes of providing services governed by these Terms. Any use of the Buyer Services after our publication of any such changes shall constitute your acceptance of these Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.

21. Assignment

Unless expressly authorised by Square, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Square without restriction.

22. Other Provisions

Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and Square, and they describe the entire liability of Square and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Buyer Services or the Square Buyer Account. In the event of a conflict between or among these Terms and any other Square agreement or policy, these Terms shall prevail on the subject matter of the Buyer Services. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Square may have under trade secret, copyright, patent, or other laws. Square’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.