6) Grants. A total of twenty-five (25) grants will be awarded. Each grant consists of USD $20,000. Grants are non-transferable and no substitution will be made except as provided herein at Square’s sole discretion. Square reserves the right to substitute a grant for one of equal or greater value if the designated grant should become unavailable for any reason.
Forward grant recipients are responsible for all taxes and fees associated with the grant receipt and/or use. Limit: One (1) grant per person. Grants will be fulfilled after the completion of the Mentorship and Training Program described in Paragraph 7.
Grant recipients must use the grant for the purpose of running and growing the business described in their application for Forward. Grant recipients are prohibited from using any portion of the grant for any other purpose, including without limitation for personal or illegal use.
Square may, at any time within five (5) years of award of the grant, request that any grant recipient provide Square with reasonable documentation evidencing grant recipient’s use of the grant in accordance with these Terms & Conditions. If any grant recipient fails to provide requested documentation within a reasonable time or if Square determines that any grant recipient has used some or all of the grant for other purposes (as determined by Square in it its sole discretion), then grant recipient will promptly return to Square the full value of any grant awarded to them upon demand by Square.
7) Accelerator Program. Forward participants will engage in self-guided training and be assigned homework to be completed. Forward participants will attend 1:1 coaching sessions with their assigned business coach and attend masterclasses with mentors. Completion of Forward is defined as 100% completion of all online modules and related assignments, 100% attendance in all Masterclass presentations, 100% attendance in all Office Hour meetings, attendance of at least half of the Coaching meetings with AMEX and completion of revised business plan as capstone project.
8) Release. By receipt of any grant, each Forward grant recipient agrees to release and hold harmless Square, Inc.and its respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and grant suppliers, and officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in Forward or receipt or us misuse of any grant.
9) Publicity. Acceptance of participation in Forward shall constitute and signify each participant’s agreement and consent that Square and its designees may use the participant’s name, business name, city, state, likeness, photo, videos and audio content taken of participant, Application, and/or information in connection with Forward for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Square may request Forward participants to share posts approved by Square on participant’s social media channels.
10) No Warranty. THE TRAINING PROGRAM IS 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 TRAINING PROGRAM IS ACCURATE, RELIABLE OR CORRECT; THAT THE TRAINING PROGRAM WILL MEET YOUR REQUIREMENTS; THAT THE TRAINING PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
11) Applicant’s Personal Information. Any and all information provided by applicant is subject to Square’s Privacy Notice listed at https://squareup.com/us/en/legal/general/privacy.
12) Binding Individual Arbitration.
a. General. You and Square agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS & CONDITIONS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SQUARE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
b. Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Square agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Square should be sent by mail to Block, Inc., Attn: Square Arbitration Provision, PO Box 427069, San Francisco, CA 94142. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that state courts in the City and County of San Francisco, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
c. Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Commercial Arbitration Rules for that forum, except you and Square will have the right to file early or summary dispositive motions and to request that the AAA’s Expedited Procedures apply regardless of the claim amount. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
d. Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
e. Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Any arbitration hearing will occur in San Francisco, California, at another mutually agreeable location or, if both parties agree, by telephone or videoconference. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Square values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
f. Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. 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 authorized users or beneficiaries of the Services.
g. Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Square account or we first provide you with the right to reject this provision.
h. The Opt Out must be mailed to Block, Inc., Attn: Square Arbitration Provision, PO Box 427069, San Francisco, CA 94142. For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Services. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the General Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.
i. Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
13) Governing Law. These Terms & Conditions and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
14) General Conditions. Square reserves the right to cancel, suspend and/or modify Forward if any fraud, technical failures, human error, any other factor that impairs the integrity or proper functioning of Forward, or any event or cause beyond Square’s control (e.g. events such as natural calamities, epidemics, pandemics, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of Forward, including but not limited to fulfillment of the grant(s), as determined by Square in its sole discretion. If Forward is terminated, Square may, in its sole discretion, determine the grant recipients from among all non-suspect, eligible entries received up to the time of such action using the judging procedure outlined above. Square may also modify the grants offered. In addition, Square reserves the right to disqualify any individual it finds to be tampering with the application process or the operation of Forward or to be acting in violation of the Terms & Conditions of this or in an unsportsmanlike or disruptive manner or against the spirit of Forward as determined by Square. Any attempt by any person to deliberately undermine the legitimate operation of Forward may be a violation of criminal and civil law, and should such an attempt be made, Square reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Square’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that term.