TERMS OF USE

Last Updated: December 1, 2020

Welcome, and thank you for your interest in (“DivInc,” “we,” or “us”) and our websites at www.divinc.org, divinc.org, and our related communities, websites, networks, applications, and other services provided by us (collectively, our “Service”). These Terms of Use are a legally binding contract between you and DivInc regarding your use of the Service. 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE DivInc PRIVACY POLICY (TOGETHER, THE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND DivInc’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY DivInc AND BY YOU TO BE BOUND BY THESE TERMS.

  1. DivInc Service Overview. DivInc provides a software platform that facilitates non-profits in improving volunteer engagement and managing volunteer activities.

  2. Eligibility. You must be at least 16 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. 

  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at hello@divinc.org. 

  4. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, DivInc grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

  5. Platform Points 

    1. Points. The DivInc Service may include opportunities for you to earn (including by completing actions or activities, or otherwise participating in the DivInc community), and use virtual points (“Platform Points”) and to obtain goods or other rewards in exchange for those points (together “Rewards”). Regardless of what they are called, Platform Points are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside the DivInc Service without our written permission. While we may use terms like “earn”, “trade-in”, or “cash-out” in reference to the Platform Points, we do so only for convenience and such terms in no way indicate that Platform Points have monetary value or are real money. You acknowledge that Platform Points are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality, or value of the features of the DivInc Service or any third-party goods or services that will be accessible through the use of Platform Points, or the availability or supply of Platform Points. Platform Points and Rewards obtained via the DivInc Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the DivInc Service.  Platform Points and Rewards may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Rewards may be subject to a separate third-party license or agreement.  Except as perhaps specifically provided to you in writing by a third party as to third-party Rewards, you have no property interest, right or title in or to any such Platform Points or Rewards appearing or originating in the DivInc Service or any other attributes associated with use of the DivInc Service.  Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

All Platform Points and Rewards are forfeited if your account or access to the DivInc Service is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the DivInc Service.  We may at any time expire free or promotional Platform Points given to you.

We have no liability for hacking or loss of your Platform Points or any goods or services obtained using Platform Points. We have no obligation to, and will not, reimburse you for any Platform Points or Rewards that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of Platform Points or Rewards and to refuse to provide you with any Platform Points or Rewards. Price, exchangeability and availability of Platform Points and Rewards are determined by us in our sole discretion and are subject to change without notice.  You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Platform Points as we see fit in our sole discretion, and that we will have no liability for exercising such right.  

You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Platform Points regardless of the circumstances.  You absolve us of any responsibility to maintain or update your DivInc account Platform Points or Rewards balance.  However, if there is a loss of Platform Points in your account due to technical or operational problems with the DivInc Service, we will refund the lost Platform Points once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Platform Points lost.

5.2 Redeeming Points. You may from time to time be presented with opportunities to redeem Platform Points for Rewards.  We will, in our sole discretion, determine and communicate the availability and exchange rate for any Platform Points and Rewards, which may be modified at any time.   You must comply with any individual Reward limitations as indicated via the DivInc Service (or Platform Partner’s terms). We reserve the right to cancel, restrict or terminate Platform Points or Rewards at any time for any reason.  All Rewards are subject to availability.  All redemptions are subject to these Terms, any third-party terms associated with a Reward, and all limitations and requirements stated via the DivInc Services. 

You may choose a Reward that is still available for which you have accumulated sufficient Platform Points for redemption.  Select the Reward you wish to use and follow and instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us or our designee or Rewards partner and, when applicable, an email or message containing the Platform Points in the form of a link, code, coupon, or similar means. Emails or messages will be sent to the email address or other contact information assigned to your account. 

All acquisitions of Platform Points and redemptions for Rewards are final.  Once Platform Points have been lost or spent, it will be subtracted from your account and cannot be refunded or returned, except at our sole discretion.  No Platform Points will be re-credited to your account in the event of a return or exchange of a Reward, or any problem with any Rewards.  

6. User Content 

  1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including Microsoft Word documents, Microsoft Excel spreadsheets, Microsoft PowerPoint presentations, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service. 

  2. Limited License Grant to DivInc. By posting or publishing User Content, you grant DivInc a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

  3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

  4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: 

  5. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize DivInc and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by DivInc, the Service, and these Terms; and

  6. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause DivInc to violate any law or regulation.

6.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. DivInc may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against DivInc with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, DivInc does not permit copyright-infringing activities on the Service.

7. Digital Millennium Copyright Act

  1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

DivInc

ATTN: Legal Department (Copyright Notification)

Address: 1023 Springdale Rd., Bldg 1J, Austin, TX 78721

Email: hello@divinc.org

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

  2. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;

  3. a description of the material that you claim is infringing and where it is located on the Service;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and

  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

7.2 Repeat Infringers. DivInc will promptly terminate without notice the accounts of users that are determined by DivInc to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO: 

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

  2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; 

  3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

  4. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; 

  5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

  6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; 

  7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 13) or any right or ability to view, access, or use any Material; or

  8. attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.

9. Third-Party Services and Linked Websites. DivInc may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on DivInc with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. 

10. Term; Termination; Modification of the Service

  1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 10.2.

  2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, DivInc may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

  3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay DivInc any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 10.3 and 13 through 24 will survive.

  4. Modification of the Service. DivInc reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service

11. Privacy Policy; Additional Terms 

  1. Privacy Policy. Please read the DivInc Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The DivInc Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 

  2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 12. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

12. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. 

13. Ownership; Proprietary Rights. The Service is owned and operated by DivInc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by DivInc are protected by intellectual property and other laws. All Materials included in the Service are the property of DivInc or our third-party licensors. Except as expressly authorized by DivInc, you may not make use of the Materials. DivInc reserves all rights to the Materials not granted expressly in these Terms.

14. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant DivInc an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify DivInc and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “DivInc Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. 

16. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DivInc ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DivInc ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DivInc ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOTE RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DivInc does not disclaim any warranty or other right that DivInc is prohibited from disclaiming under applicable law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DivInc ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DivInc ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DivInc ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DivInc FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100. 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and DivInc agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations. 

19. General. These Terms, together with the DivInc Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and DivInc regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Throughout these Terms the use of the word “including” means “including but not limited to.”

20. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the DivInc Privacy Policy. Please read the DivInc Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 

21. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

22. Support. DivInc will provide subscriber email support.  This support will be available during DivInc’s standard business hours. 

23. Contact Information. The Service is offered by DivInc, located at 1023 Springdale Rd. Bldg 1J, Austin, TX 78721. You may contact us by sending correspondence to that address or by emailing us at hello@divinc.org. 

24. Notice Regarding Apple. If you are using our mobile applications on an iOS device, the terms of this Section 22 apply. You acknowledge that these Terms are between you and DivInc only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 10 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 10 of these Terms against you. You hereby 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 list of prohibited or restricted parties.