4 ms·
Wow, that "under any circumstance" is dangerously broad as a prohibition... Courts could very well read that phrase to override the assumption that otherwise mi
by jkaplowitz 6y ago
Wow, that "under any circumstance" is dangerously broad as a prohibition... Courts could very well read that phrase to override the assumption that otherwise might exist that actions unrelated to the services purchased from Square are outside of scope of the contract. It shouldn't jeopardize a company's ability to use Square if an employee plays with MongoDB on their corporate workstation. I realize enforcement wouldn't target this in practice, but the wording is sloppy enough to arguably bring it into scope.
Also very weird is that the Canadian terms are dramatically different and don't mention this restriction at all. In fact the whole long list of prohibited stuff in section 3.II.B is absent, even though both countries' terms cover the Online Store service in which the US terms include this wording.
Given that, maybe the true cause of the wording is boilerplate wording from their US lawyers which their Canadian lawyers don't have in their boilerplate? It's not simply about Square Canada being less of a liability risk than Square Inc, as most provisions of the Canadian terms do have Square Inc as the contracting party.