Terms of Service

MyneTogether is a software tool built by Behind Every Door

BEHIND EVERY DOOR AND MYNE TOGETHER™ MOBILE APP

HOSTED SOFTWARE TERMS OF SERVICE

Last updated: October 22nd, 2020

INTRODUCTION

Behind Every Door provides a hosted software platform and mobile app to incentivize achievement through gamification and awareness. The hosted software platform service (“Portal”) allows organizations to store, access, edit, and manage their information in the cloud. We also offer a mobile app (“Mobile App”) designed to operate on your smartphone, tablet or other mobile computing device (“Mobile Device”), which enables organizations to collect data. Collectively, the services we provide via the Portal and the Mobile App are referred to as the “Service”. The Portal and Mobile App are referred to collectively as the “Software”

ACCEPTANCE OF THIS AGREEMENT

By clicking the “I have read and agree to be bound by the Terms of Service” box (for the Portal), or clicking on the “By clicking on the SIGN IN box below, you agree to be bound by our End User License Agreement (for the Mobile App), you indicate that (i) this Terms of Service (for the Portal) and End User License Agreement (for the Mobile App), together with our Privacy Policy (as described below, incorporated herein, and as updated from time to time) (collectively, “Agreement”) form a binding agreement between (a) you as the person who has created your user account, or you as someone authorized by your organization to execute agreements and bind the organization (referred to as “you” or “your”) and Behind Every Door (referred to as “we”, “us”, or “our”) and that you have read and understood the following terms and conditions, and (ii) you represent that you are at least 18 years of age, or the minimum age of legal consent as required by applicable law, whichever is higher to enter into a binding agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE MOBILE APP OR ACCESS OR USE THE PORTAL, AND YOU SHOULD DELETE THE MOBILE APP FROM YOUR MOBILE DEVICE.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION WAIVER. Please carefully review Sections 14 and 17 of this Agreement for more information.

We will maintain and use your information according to our privacy policy, located at https://mynetogether.com/privacy, which is incorporated by reference into this Agreement, and which may be modified from time to time in our discretion (“Privacy Policy”), and which will be effective when posted on our mynetogether.com website (“Website”). Your continued use of the Portal indicates that you agree with such modifications.

CHANGES TO THE AGREEMENT

We periodically update and improve the Service, and may at times remove features in order to improve your ability to use the Service. Because we are constantly trying to improve our Service, this Agreement may also need to change. We reserve the right to amend this Agreement at any time. The updated Agreement will be effective upon our posting of such updated Agreement on our Website. You agree to review our Website from time to time to review any modifications.

If you do not agree with the new Agreement, you are free to reject it; but, it will mean you will no longer be able to use the Mobile App or the Portal. If you use the Mobile App or the Portal in any way after a change to the Agreement is effective, that means you agree to all of the changes.

The current version of and future modifications to this Agreement will be posted at mynetogether.com/termsofservice and will be effective immediately upon posting. You agree to review our Website from time to time to review any modifications. By continuing to use the Mobile App or the Portal following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE MOBILE PORTAL AND THE MOBILE APP. You are responsible for downloading and installing the latest version of the Mobile App software as soon as it becomes available. We shall not be responsible for any consequences of your failing to do so.

LICENSE TO USE THE MOBILE APP

Subject to the terms of this Agreement, we grant you a limited, nonexclusive, nonsublicensable, and nontransferable license to: (i) download, install and use the Mobile App in order to access and use the Portal strictly in accordance with this Agreement.

GRANT OF RIGHT TO ACCESS THE PORTAL

Subject to your continued compliance with this Agreement, we grant you a limited, nonexclusive, nonsublicensable, non-transferable, right to access and use the Portal only for purposes that are permitted by this Agreement.

USER ACCOUNT CREATION; USER INFORMATION

Account Creation. The first time you download and install the Mobile App or access the Portal, you will be asked to sign into an existing account, after registering with your participating organisation. You will be presented with this Agreement for our Service, which you must accept if you wish to create an account or use the Service.

Account Protection. You agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to your account or use of the Service; and, (iv) promptly report to us any unauthorized use of your login information or the Service of which you become aware. If you enter incorrect information, deliberately or by accident, you may compromise the accuracy of the results and information you may view in the Portal or the Mobile App. You are responsible for keeping the information in your account up to date.

Notice. We may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including, but not limited to, by email, regular mail, MMS, text message (SMS), messages to you in your account profile, or postings in the Software. Such notices may not be received if you violate this Agreement by accessing the Software in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Software in an authorized manner. By providing us with your email address, you consent to our using your email address to send you Service-related notices by email, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, such as, but not limited to, additions or changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by emailing us your opt-out request. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt out of Service-related emails.

Unauthorized Use of Your Account. You are responsible for keeping your account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information. You agree to immediately notify us (see our contact information below) of any unauthorized use of your password or account or any other breach of security relating to your account.

The performance and loading times of the Portal is dependent upon many things that are not in our control, including your own network performance, the age and performance of your computer or Mobile Device, and the availability of internet connectivity.

We are not responsible for supplying any of the equipment or networks required to access the Portal. This remains the responsibility of you as the user.

The information you provide and enter into the Portal and the Mobile App or that may be imported therein from approved and authorized third parties may contain sensitive or personal information. Our use and disclosure of such information is governed by our Privacy Policy.

AVAILABILITY OF THE PORTAL

We shall use commercially reasonable efforts to provide continuous access to the Portal. We do not guarantee that the Portal will be accessible at all times. The Portal may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Portal inaccessible for a limited amount of time due to unforeseen circumstances. We have the right to refuse to provide access to the Portal. We have right to cease offering the Portal at any time and in our sole discretion.

We can subcontract services related to the operation and maintenance of the Portal, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.

We reserve the right to deactivate any accounts which have not been active for at least 1 year. We reserve the right to delete personal information in a deactivated account after the longer of seven (7) years or as required by law.

RESTRICTIONS ON USE

You will not, and will not attempt to:

  1. modify, translate, adapt or otherwise create derivative works or improvements, of the Software or any content or source code;
  2. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
  3. rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time;
  4. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Software;
  5. upload or introduce any virus or malware to the Software;
  6. interfere with the operation or availability of the Software, or the hardware, software and network(s) used to operate the Software;
  7. sublicense or transfer any of your rights under this Agreement or otherwise use the Service for the benefit of a third party, to operate a service bureau or for resale of the Service;
  8. create or access user accounts using any automated means or under false pretenses;
  9. frame or mirror the Software or reformat it in any way or use deep links;
  10. access or use the Software or any website associated therewith in order to use any robot, spider, data scraping, screen scraping, harvesting, data extraction tool, or other data gathering method;
  11. access or use the Software or the Service for the purpose of developing, provisioning, or using a competing software service or product or any other purpose that is to our detriment or commercial disadvantage;
  12. introduce any keystroke logging or any other monitoring code into the Software; or,
  13. otherwise use the Service or the Software in any manner that exceeds the scope of the access right described above.

STORAGE AND TRANSFER

By agreeing to this Agreement, you consent to the storing and processing of your personal information, including sensitive information, in the United States. We use a range of measures to safeguard information but these countries may have laws that are different from those of your country of residence. You also consent to your personal information, including sensitive information, being assigned, transferred or conveyed in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition of us by another company, or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

Ownership of all intellectual property and other rights in the Software, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, as applicable. All Software content is protected by copyright and is owned by us or used with permission. We reserve all rights not specifically granted in this Agreement.

Elements of the Software are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content for our Software may be retransmitted without our express written consent.

Behind Every Door, MYNE and MYNETOGETHER, as well as other trademarks we use are trademarks or registered trademarks of Behind Every Door.

DISCLAIMER OF WARRANTIES

THE PORTAL, MOBILE APP, AND SERVICE ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE MOBILE APP, PORTAL AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PORTAL, MOBILE APP, OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, OR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND: (I) AS TO THE OPERATION OR AVAILABILITY OF THE PORTAL OR MOBILE APP OR THE CONTENT INCLUDED THEREIN; (II) THAT THE PORTAL, MOBILE APP, OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE PORTAL OR MOBILE APP; OR (IV) THAT THE PORTAL, MOBILE APP, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS, OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PORTAL, MOBILE APP, OR THE SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;

ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SOFTWARE OR SERVICE;

YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;

THE IMPROPER AUTHORIZATION FOR THE SERVICE BY SOMEONE CLAIMING SUCH AUTHORITY;

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR,

TOTAL AGGREGATE DIRECT DAMAGES IN AMOUNTS THAT IN EXCEED ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PORTAL OR THE MOBILE APP, OR ANY RELATED SERVICES. THE OPERATION OF THE PORTAL OR MOBILE APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PORTAL OR MOBILE APP, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PORTAL OR THE MOBILE APP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE PORTAL OR THE MOBILE APP.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

INDEMNIFICATION.

You agree to indemnify, defend and hold us and our officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your use or misuse of the Software; (ii) your breach of this Agreement; (iii) any user content you submit, post to, or transmit through the Software or the Service; or, (iv) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Software shall be by binding non-appearance-based arbitration (the provisions of this Section 14 being referred to as the “Arbitration Agreement”). In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Notwithstanding the foregoing, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Software, disclosure of our confidential information or trade secrets, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the dispute resolution process described above. Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If you or we pursue arbitration, the arbitration action must be initiated within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the relevant claim.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to the arbitration provisions of this Arbitration Agreement.

GOVERNING LAW

All disputes arising out of or relating to the Agreement shall be governed by Georgia law regardless of your country of origin or where you access the Portal, Mobile App, or the Service, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

EQUITABLE RELIEF

Notwithstanding anything herein to the contrary, we may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

CLASS ACTION WAIVER

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

WAIVER OF JURY TRIAL

Each party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby

MISCELLANEOUS

Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year. To the extent permitted by law, any claim or dispute under this Agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

Notices. You agree that we may provide you with notices, including those regarding changes to this Agreement, by email to the address you provided at the time of registration or as changed in your account profile.

Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the Portal, Mobile App, and the Service and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.

Assignment. You may not assign, transfer, or convey this Agreement or any obligations thereunder without our prior written consent, and any attempt at the foregoing shall be of no power or effect.

Contact Information. Should you wish to contact us with any questions, complaints or claims with respect to the Software or the Service, please contact us via email; US Mail: 2824 Swiss Ave, Dallas, TX; or phone: 9723314774.

INCORPORATION OF APPLE. INC. LICENSED SOFTWARE END USER LICENSE AGREEMENT

The following terms of this Section 20 shall apply to the Mobile App for users of Apple-manufactured devices.

Incorporation of Apple’s EULA. This Agreement incorporates by reference the Apple End-User License Agreement (the “EULA”) published by Apple, Inc. (located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For purposes of this Agreement, the Mobile App is considered the “Licensed Application”, we are considered the “Software Provider”, and you are the “End-User”, all as such terms defined in the EULA. To the extent any terms of this Agreement conflict with the terms of the EULA, the terms of the EULA shall control.

Acknowledgement. We and you, the end-user (individual or organization) of the Mobile App, acknowledge that the Agreement is entered into by and between us and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. We are solely responsible for the Mobile App and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

Intellectual Property Rights. You and we acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Warranty Claims. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).

Product Claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Mobile App or your possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection, privacy, or similar legislation,

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Mobile App.

Third Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

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