AllAthlete Terms and Conditions

Use of Platform

This Platform (including without limitation our body measurement product) is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Platform requires the prior written consent of the Company.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Platform. Further, you may not use any such automated means to manipulate the Platform, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Platform or any other user's use of the Platform, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Platform, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Platform within another website or app. You may not resell use of, or access to, the Platform to any third party without our prior written consent.

NO MEDICAL ADVICE AND ACTIVITY DISCLAIMER:

• You understand and agree that we are a provider of measurement content, tools and services. We are not a health care or medical device provider. The Platform and any other information you learn from the Company are not intended to be relied upon and are not designed, or implied to diagnose, prevent, or treat any condition or disease, or to ascertain the state of your health. They are intended for general information purposes only and are not a substitute for professional medical advice based on your individual condition and circumstances.
• To the extent you participate in any movement content featured in the Platform, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention, including without limitation psychiatric conditions such as anxiety disorders, if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness or condition. You acknowledge that Company has advised you of the necessity of doing so.
• We and our licensors, independent contractors and suppliers make no representations or warranties concerning any purchase, action, or product or preparation by any person following or based on the information offered or provided within or through the Platform. We do not provide, endorse, or guarantee any third-party product, service, or information nor can we guarantee that our measurements or recommendations will be accurate in all cases.

Proprietary Rights

The Company is the owner of or otherwise licensed to use all parts of the Platform, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Platform belong to third parties who have authorized the Company to display the materials, such as certain third party licensors. By using the Platform, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Platform provided, however, that such license is subject to your compliance with these Terms and Conditions. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Platform, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Platform, in each case for the sole purpose of enabling you to use the Platform as permitted by these Terms and Conditions.

All other third-party trademarks, registered trademarks, and product names mentioned on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Company.

You acknowledge and expressly agree that any contribution of feedback regarding the Platform that you provide to us (the "Feedback") does not and will not give or grant you any right, title, or interest in the Platform or in any such Feedback. You agree that Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Company any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Platform. All rights not granted under these Terms and Conditions are reserved by the Company.

Corrections

Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible, however, we do not warrant that any product, measurement or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Platform, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Platform at any time without notice, and/or refund any amount charged.

No Ideas Accepted

We do not accept any unsolicited ideas to this Platform from outside the Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Platform, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for the Company to utilize your submission, you hereby grant the Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Account

In order to use the Platform, you will be required to set up an account ("Account") and set a username and password for your Account, as well as providing any further information that we request. You agree that the information provided in connection with the Account is accurate and complete and will be kept up-to-date. You are solely responsible for keeping your Account secure, and for actions that happen on or through your Account (including any purchases made), whether or not such actions were taken by you. You may not use another person's user account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for or related to your Account. You agree that, to the extent permitted by law, Company will not be liable for any loss you may incur as a result of someone other than you using your account to access information, either with or without your knowledge.

Payments

Once you set up your Account, more information is necessary to complete a purchase, such as your address and payment information. By submitting payment information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. You further warrant and represent that all information you provide to us when you use our Platform is and will remain complete and accurate. By submitting your information, you grant us the right to use it and to provide it to third parties for the purposes of facilitating the completion of your transaction. In certain cases – including with regard to credit card information - that information may go directly to the third party and not to us, in which case additional terms and conditions will apply as specified by that party. In addition to all other rights available to us, we reserve the right, in our sole discretion, to verify your information prior to processing your purchase, cancel any purchase, refuse service to you, or terminate your Account.

Comments or Materials Posted by You

Certain pages or features on the Platform may allow you (and other third parties) to post textual or visual content ("Content"). You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to the Company. Without limitation, you agree that you will not use the Platform to create or in connection with any content or communication that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Platform);
• violates any party's right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
• contains "masked" profanity (i.e., F*@&#);
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Materials Posted by Others

Under no circumstances will the Company be liable in any way for any content or materials posted by any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, the Company and its designees will have the right to remove any Content that violates these Terms and Conditions or is deemed by the Company, in its sole discretion, to be otherwise objectionable.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed therein. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Promotions, Contests, and Sweepstakes

We may from time to time offer promotions, giveaways, contests, and/or sweepstakes ("Promotions"). The Promotions will be governed by these Terms and Conditions, and each individual Promotion will prominently feature additional terms or rules (including but not limited to run-period, eligibility requirements, prizes, etc.) which may be determined by us in our sole discretion ("Promotion Terms"). No user of the Platform is required to engage with or participate in any Promotions. Should you elect to participate in the Promotions, you agree to be bound by these Terms and Conditions and the Promotion Terms and by the decisions of the Company, which shall be final and binding on all matters pertaining to the Promotions. The Promotions shall be subject to all federal, state, and local laws and regulations and shall be void where prohibited by law.

Third Party Links

The Platform may contain links to other websites or apps not maintained by us. Other websites or apps may also reference or link to our Platform. We encourage you to be aware when you leave our Platform and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

Other Sources of Terms and Conditions

Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Platform, including on any checkout page. In order to participate in or use certain services, promotions that may be run from time to time with respect to the Platform ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Certain benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms and Conditions will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms and Conditions or any Additional Terms does not constitute a conflict.

No Warranties

WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE PLATFORM AND TO USE MEASUREMENT TECHNOLOGY THAT IT BELIEVES TO BE RELIABLE, EXCEPT FOR THE EXPRESS WARRANTIES, IF ANY, STATED ON OUR PLATFORM, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE PLATFORM AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE PLATFORM MAY USE TECHNOLOGY THAT MAY NOT ALWAYS BE ACCURATE. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, IS PROVIDED "AS IS" AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PLATFORM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES; AND (B) IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO THE COMPANY FOR PRODUCTS AND SERVICES IN THE TWO MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Platform by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Platform for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Platform.

If you believe any materials on the Platform infringe a copyright, you should provide us with written notice that, at a minimum, contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Changes

All information posted on the Platform is subject to change at any time. In addition, these Terms and Conditions may be changed at any time; provided, any material modifications will only be applied prospectively. We will make such changes by posting them on the Platform. You should check the Platform for such changes frequently. Your continued access of the Platform after such changes demonstrates your acceptance of those changes. We reserve the right to withdraw or amend the Platform, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or all Platform.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to: (i) your use of the Platform; (ii) any breach by you of any of these Terms and Conditions; (iii) any violation of applicable law.

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of the Company to partially or fully exercise any rights or the waiver of the Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver by the Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of the Company under these Terms and Conditions and any other applicable agreement between you and the Company shall be cumulative, and the exercise of any such right or remedy shall not limit the Company's right to exercise any other right or remedy. These Terms and Conditions, any Additional Terms, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Governing Law; Dispute Resolution; Arbitration

The laws of Delaware shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with the Company, if these efforts fail, you agree that all claims, disputes or controversies against the Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and the Company agree in writing, and the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years' experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

Privacy Policy

Use of the Platform is also governed by our Privacy Policy, which is incorporated herein by reference. Additionally, you acknowledge and agree that transmissions made over the Internet are never completely private or secure, and that messages you send to the Platform may be intercepted or read by others.

Jurisdiction

Our Platform is provided from the United States and all servers that make it available reside in the United States. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.We make no representations regarding the legality of the Platform in any other country and it is your responsibility to ensure that your use of the Platform complies with all applicable federal, state, and local laws in the United States, or in the jurisdiction where you reside.

Waiver By California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "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."

Compliance with Laws

You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Platform. Without limiting the foregoing, by using the Platform, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, "Sanctions"). You may not use, export, or re-export any Platform in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms and Conditions. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Platform until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Platform.

Questions

Should you have any questions regarding these Terms and Conditions you may contact us at:

Additional Terms for Users of Apple Devices

If you have downloaded the App from the Apple App Store, the following shall apply: You acknowledge and agree that these Terms and Conditions are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple's App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; and all such claims are governed solely by this Terms and Conditions and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App 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 to the extent required by these Terms and Conditions. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions as relates to your license of the App, and that, upon your acceptance of the these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your license of the App against you as a third party beneficiary thereof.

California Resident Notice

If you would like to request further information regarding the use of the Platform or have a complaint, you may contact the Company at PO Box 5189 Santa Monica, CA 90409. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.