- Acceptance of Terms. The Services are made available by the Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on continuumcapital.com You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. Your access to or use of the Services after such posting or other notification will signify your acceptance of and agreement and capacity to be bound by such updates. Notwithstanding the foregoing, any updates to this Agreement shall not apply to any dispute between you and us that arose prior to the date of such posting or other notification. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Services, with or without notice; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates (collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any Service, content, feature or product offered through the Services.
You may not use the Services and you may not accept this Agreement if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with the Company.
- Jurisdictional Issues. The Services are hosted by the Company from the United States, and are not intended to subject us to the laws or jurisdiction of any jurisdiction other than that of the United States. We do not represent or warrant that the Services or any part of them are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Description of the Services. We provide users of the Services with access to certain content and services related to financial products and services, which may include, without limitation: (a) services such as customized recommendations, user profiles, registration functionality, RSS feeds, blogs, and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, postings and messages and other similar content. IMPORTANT NOTE: YOUR USE AND RELIANCE UPON ANY ADVICE, OPINION OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF YOUR FINANCIAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A FINANCIAL PRODUCT OR SERVICE.
- Rules of Conduct. While using the Services, you will comply with all applicable laws, rules, and regulations. In addition, you agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Services:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b)defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Services for any fraudulent or unlawful purpose.
- Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Services.
- Impersonate any person or entity, including without limitation any representative of the Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or express or imply that we endorse any statement or posting you make.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services).
- Use the Services to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.
- Remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services.
- Frame or mirror any part of the Services without our express prior written consent
- Create a database by systematically downloading and storing any or all Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Services content or reproduce or circumvent the navigational structure or presentation of the Services without our express prior written consent.
Additionally, you acknowledge and agree that you (and not the Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Services, and paying all charges related thereto.
- Accuracy of Information. We attempt to ensure that information provided in connection with the Services is complete, accurate and current. Despite our efforts, the information provided in connection with the Services may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information provided in connection with the Services.
- Registration; User Names and Passwords. You will be required to register in order to access the Services. With respect to any such registration, we may refuse to grant you, and you may not use, a username (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Services and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or user name. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security related to your account or the Services, and to ensure that you "log out"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- Mobile Device Application. You agree that you are solely responsible for any requirements associated with our mobile application(s), including any applicable changes, updates, and fees. You are also responsible for compliance with the terms of your agreement with your mobile device and telecommunications provider(s). We may provide you with alerts related to your account. [Note: If the Company is sending text messages, it must have the recipient’s prior express consent. Such consent must be signed and in writing, and obtained subject to certain disclosures, if the texts will include marketing. The relevant law (the Telephone Consumer Protection Act) is aggressively enforced by plaintiffs’ attorneys in class actions, with settlements often in the millions and tens of millions of dollars (even for non-marketing texts). Please let us know if you would like us to review your process(es) for obtaining the necessary consent.] Any change to your mobile phone number will change our ability to provide you with the alerts. You should notify us immediately of any change to your mobile phone number. Certain delays with respect to the account alerts are outside of the control of the Company. You may disable the alerts at any time. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR MOBILE DEVICE AND/OR TELECOMMUNICATIONS SERVICE PROVIDER(S), INCLUDING WITH RESPECT TO YOUR ACCESS TO THE SERVICES OR ALERTS; OR (ii) ANY LOSS OF, DAMAGE TO, OR FAILURE TO TRANSMIT DATA TO OR FROM YOUR DEVICE.
- Profiles and Forums. We may provide you with the ability to post certain information and materials on your "profile page" (your "Profile"). We may also make available services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality) to which you are able to post information and materials (each, a "Forum"). Information contained in the Profiles and Forums may be provided by our employees as well as by users of the Services and other third parties. Please note that users of the Services and other third parties may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. The Company and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "Released Parties") neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, the Released Parties are not responsible for any information or materials made available through the Profiles and Forums or results obtained using any such information or materials. Under no circumstances will the Released Parties be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Company.
In addition, the Released Parties have no control over, and shall have no liability for, any damages resulting from the use or misuse by any third party of information voluntarily made public through a Profile or a Forum or any other part of the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
- For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Profile or a Forum or otherwise through the Services (each, a "Submission"); however, we need certain rights to your Submissions to be able to provide the Services. As such, you hereby grant to the Company and its service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so, for example, that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section 10, and that such Submission, and your provision of it to and through the Services, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services.
- You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to provide the Services; to protect the Company and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Services' users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
- Our Proprietary Rights. The information and materials made available through the Services are and shall remain the property of the Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may view one (1) copy of any content to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Services. Our trade names, trademarks and service marks include without limitation, Continuum Capital Partners, and any associated logos. All trademarks and service marks displayed in connection with the Services not owned by us are the property of their respective owners. Our trade names, trademarks and service marks, whether registered or not, may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
- The Services may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that the Released Parties are not responsible for the availability of such external sites or resources and neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Services with or without our authorization. You acknowledge and agree that the Released Parties do not endorse such sites and are not and shall not be responsible or liable for any links from those sites to the Services, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. We shall have the right, at any time and in our sole discretion, to block links to the Services through technological or other means without prior notice.
- COMPANY IS NOT A FINANCIAL PLANNER OR AN INVESTMENT, TAX OR LEGAL ADVISOR. THE SERVICES PROVIDED ARE NOT INTENDED TO PROVIDE INVESTMENT, LEGAL, TAX OR FINANCIAL ADVICE. The Services are intended only to assist you in decision-making with respect to financial products and/or behavioral options based on a finite set of data about you. Your personal financial situation is unique, and dependent on many circumstances and factors and any information and advice obtained through the Services may be given without knowledge of or access to such other circumstances and factors. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.
- Disclaimer of Warranties. THE SERVICES MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY PRODUCTS OR SERVICES, ARE PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICES. THE RELEASED PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
- LIMITATION OF LIABILITY. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE RELEASED PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED IN CONNECTION WITH THE SERVICES BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES OR $5, WHICHEVER IS GREATER.
While we try to maintain the integrity and security of the Services, we do not guarantee that the Services will be or remain secure, complete or correct, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any unauthorized third party alteration to the Services, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location within the Services where such material(s) appear.
- You agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, the Services; or (b) any violation of this Agreement by you.
- This Agreement is effective until terminated. We, in our sole discretion, may terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Services will immediately cease. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Released Parties shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2-3, 6, 8-18, and 20-21 shall survive any expiration or termination of this Agreement. You may terminate your subscription at any time by email. Your instructions will become effective in five (5) business days or such longer period as shall be commercially reasonable under the circumstances for us to act on your instructions. We will retain (i) your name and email address, the recommendation(s) we made you, your financial profile which we used in identifying your savings opportunities and other identifiers (e.g., registration dates, IP address, etc.) to substantiate third party permissions solely for legal and regulatory purposes, and (ii) your profile information which is anonymized and aggregated with other anonymized data to help us improve the services we provide to other users. [Note: Please confirm that the promise made in the following sentence is always true and that, for example, no back-up copies will be kept.] All other information you provided us and other financial data we obtained through third parties will be deleted.
- Governing Law and Disputes; Binding Arbitration. This Agreement is governed by and shall be construed in accordance with the laws of California, without regard to its conflicts of law provisions, and regardless of your location. THE PARTIES AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF OR IN ANYWAY RELATING TO THE SERVICES TO BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION IN BOSTON, MASSACHUSETTS, RATHER THAN A PROCEEDING IN A COURT OF LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST THE COMPANY IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Furthermore, a matter may be brought in small claims court if the statutory requirements are satisfied.
[Note: Below, for your consideration, is the provision that we use for arbitration. It is drafted in a consumer-friendly way, to help ensure that it is upheld, if challenged. We recommend seeking pre-approval of the provision by the AAA. Please let us know if we can assist with this.]
The terms of this Agreement are governed by and shall be construed in accordance with the laws of California, without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that Company and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.]
- Information or Complaints. If you have a question or complaint regarding the Services, please contact us at email@example.com You may also contact us by writing to 600 Montgomery Street, Suite 2400, San Francisco, CA 94111. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
[Note: If the services will have any opportunity for a user or other third party to submit content or information, we recommend keeping the provision, as it may be necessary to provide the company with the protections afforded by the Communications Decency Act (from liability for defamation and other state law tort claims). (We have slightly revised the provision, as the links in the prior version were broken.)]
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed at such site.
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available provided in connection with the Services infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
- This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Services, by e-mail, or by regular mail, in our discretion. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. The Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.