Last Updated: August 24, 2022
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF REDAPTIVE AT THE PHONE NUMBER YOU PROVIDE TO US. WE WILL USE TEXTS/CALLS TO CONTACT YOU TO INITIATE OR RESPOND TO SUPPORT ISSUES ONLY. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
NOTICE OF LIABILITY RELEASE AND WAIVER; ARBITRATION NOTICE. You agree to the liability release and waiver provisions of Section 15. Except for certain kinds of disputes described in Section 20, you also agree that disputes arising under these Terms will be resolved by binding, individual arbitration as described in Section 20.
- Services Overview. Our websites provide background information regarding our products and services, which include facilitating the deployment of efficiency and internet of things technology. Our mobile app for meter installation provides practical guidance and training on installing the Redaptive Meter ("Meter Installation App").
- Eligibility. You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. We may also adopt additional eligibility requirements for your access and use of the Meter Installation App, including completion of required training, and we reserve the right to modify the additional eligibility requirements from time to time without notice to you. 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.
- Account and Registration. After you have been identified to us as a potential user of the Meter Installation App, we will send you a one-time link that allows you to set up an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create 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 believe that your account is no longer secure, then you should immediately notify us at email@example.com.
- Limited License. Subject to your complete and ongoing compliance with these Terms, Redaptive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install and use one object code copy of the Meter Installation App or other downloadable application associated with the Services on a mobile device that you own or control; and (b) access and use the Services solely for (i) internal business purposes to learn more about our products and services, (ii) to review and apply for job openings, and (iii) for purposes of installing the Redaptive Meter. No other use of the Services is authorized.
- Restrictions. You must comply with all applicable laws when using the Services. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not encourage or permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available through the Services (the “Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Services or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Services; (d) use the Services or Site Content for any purpose except for your own use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Services; (g) use the Services in a manner that threatens the integrity, performance, or availability of the Services; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Site Content.
- Feedback. If you choose to provide ideas, input, and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Services or any other aspect of Redaptive’s business (“Feedback“), whether through your own initiative or a mechanism provided by Redaptive, then you hereby grant Redaptive an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, fully-transferable, worldwide, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution or any other form of compensation for any Feedback you provide to us.
- Ownership; Proprietary Rights. The Services are owned and operated by Redaptive, Inc. We or our licensors retain all right, title, and interest in and to the Services and the Site Content, including all visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Redaptive, and any trademarks, logos, or service marks displayed on the Services or in the Services (“Marks”). The Services, Site Content, and Marks are protected by intellectual property and other laws as well as international treaties. Except as expressly authorized by Redaptive, you may not make use of the Services, Site Content, and Marks. Redaptive reserves all rights not granted expressly in these Terms.
- Links and Third Party Content. The Services may contain links to third-party products, services, and websites. Redaptive exercises no control over the third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of, or reliance on, any goods or services available through the third-party products, services, and websites.
Additionally, if you follow a link or otherwise navigate away from the Services, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Services.
The Meter Installation App may also include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Meter Installation App are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
- License to User Content. Certain features of the Meter Installation App may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Meter Installation App, including messages, reviews, photos, video or audio, images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Meter Installation App, subject to the license granted in these Terms.
By Posting User Content to or via the Meter Installation App, you grant Redaptive a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.
- User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Redaptive disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Meter Installation App. By providing User Content via the Meter Installation App, you affirm, represent, and warrant to us that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, and permissions to authorize Redaptive to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 10, in the manner contemplated by Redaptive, the Meter Installation App, and these Terms;
b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; or (ii) invade the right of privacy, publicity or other property rights of any other person; and
c) your User Content could not be deemed by a reasonable person to be objectionable, harassing, embarrassing, or otherwise inappropriate.
Redaptive may at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content.
Text Messaging & Phone Calls. You agree that Redaptive and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages include operational calls or messages about your use of the Service. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF CALLS AND TEXT MESSAGES FROM REDAPTIVE, YOU CAN EMAIL METERSUPPORT@REDAPTIVEINC.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM REDAPTIVE, YOU CAN EMAIL METERSUPPORT@REDAPTIVEINC.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE METER INSTALLATION APP. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive calls and texts is not a condition of any purchase on or use of the Meter Installation App.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
- Modification of these Terms. We may, from time to time, make changes to these Terms. When we do, we will update the “Last Updated” date above. Please check these Terms periodically for changes. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should discontinue your use of the Services. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. 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.
- Modification of the Services. Redaptive reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Services at any time without notice to you. Redaptive will have no liability to you or to any third party for any modification, suspension, or discontinuance of the Services, or any suspension or termination of your access to or use of the Services.
- Prohibited Conduct. BY USING THE SERVICES, YOU AGREE NOT TO:
a) use the Services for any illegal purpose or in violation of any local, state, national, or international law;
b) violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or other proprietary right;
c) access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Redaptive;
d) interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
e) interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
f) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other account without permission;
g) sell or otherwise transfer the access granted under these Terms or any Site Content or any right or ability to view, access, or use any Site Content, including sharing your log-ins to the Meter Installation App with a third party or otherwise permitting a third party to access or use the Meter Installation App; or
h) attempt to do any of the acts described in this Section 14 or assist or permit any person in engaging in any of the acts described in this Section 14.
- Indemnity; Release and Waiver. To the fullest extent permitted by law, you are responsible for your use of the Services, including the Meter Installation App, and you will defend, indemnify, and hold harmless Redaptive and its shareholders, officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Redaptive Entities”) and each of their insurance carriers from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever, including reasonable attorneys’ fees and costs, arising from or related to (a) your use of, or misuse of, the Services or Site Content; (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, through use of the Services or Site Content; (d) any dispute or issue between you and any third party; or (e) the Meter Installation App. You further agree to indemnify, defend, and hold Redaptive Entitles and each of their insurance carriers harmless from any loss, expenses, damage or injury, including death, that may be sustained by you and your subcontractors, or caused to others or their property by you or your subcontractors or any other individual arising from or related to your use of, and access to, the Meter Installation App.
In addition, by accessing and using the Meter Installation App, you hereby agree to the maximum extent allowed by law:
a) to assume any and all risks of injury, death, or property damage resulting from your use of, and access to, the Meter Installation App. If you make the Meter Installation App available to any third party, including a subcontractor, you will be solely responsible for the acts or omissions of such third party or of such third party’s personnel and agents; and
b) to waive, release, and not sue, make any claims, or file any actions against Redaptive Entities and each of their insurance carriers, that are based on, arise or result from, in whole or in part, your or your subcontractors’ use of, and access to, the Meter Installation App or information available in the Meter Installation App, including negligence.
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 those claims.
- Disclaimers; No Warranties. THE SERVICES AND SITE CONTENT, INCLUDING THE METER INSTALLATION APP, ALL TEXT INSTRUCTIONS, IMAGES, VIDEOS, AND OTHER CONTENT AND INFORMATION, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REDAPTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND SITE CONTENT, 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. REDAPTIVE DOES NOT WARRANT THAT THE SERVICES OR ANY SITE CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND REDAPTIVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES OR FROM REDAPTIVE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR SITE CONTENT, AND YOU RELY ON THE SERVICES AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. ACCORDINGLY, AND WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE METER INSTALLATION APP IS INTENDED TO ASSIST YOU IN INSTALLING THE REDAPTIVE METER, AND IN NO WAY REPLACES INDUSTRY STANDARD PRACTICE OR YOUR OR YOUR EMPLOYER’S PROFESSIONAL OR CONTRACTUAL OBLIGATIONS TO ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. REDAPTIVE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT REDAPTIVE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REDAPTIVE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES 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 SERVICES OR SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REDAPTIVE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF REDAPTIVE AND EACH OF ITS AFFILIATES AND SUBSIDIARIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES OR SITE CONTENT (INCLUDING WARRANTY CLAIMS) OR OTHERWISE UNDER THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $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.
- Term and Termination. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described below.
If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, Redaptive may, at its sole discretion, terminate these Terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account with the Meter Installation App and these Terms at any time by following the instructions in the Meter Installation App or contacting customer service at firstname.lastname@example.org.
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 Services; and (c) Sections 6, 7, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30 will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Services. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Services using a different name, email address or other forms of account verification.
- Dispute and Arbitration. Any dispute arising from or relating to these Terms will be conducted in the English language and arbitrated in San Francisco, California. The arbitration will be administered by JAMS Arbitration and Mediation services in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the parties agree, a mediator may be consulted prior to arbitration. The prevailing party in any dispute arising out of these Terms will be entitled to reasonable attorneys’ fees and costs. The arbitrator will have full power and authority to determine issues of arbitrability and to interpret or construe the provisions of the Terms and the Order and to fashion appropriate remedies (including temporary, preliminary, interim, or permanent injunctive relief); provided that the arbitrator will not have any right or authority: (i) in excess of the authority that a court having jurisdiction over the parties and the dispute would have absent this arbitration agreement; or (ii) to award damages in excess of the types and limitation of damages found in the Terms. Notwithstanding the agreement to arbitrate, each party may apply at any time to a court of competent jurisdiction for appropriate injunctive relief or for other interim or conservatory measures, and by doing so will not breach or waive the agreement to arbitrate or impair the powers of the arbitrator.
- General 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. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held by a court of competent jurisdiction to be illegal, 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.
- Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Redaptive each irrevocably submit to the personal and exclusive jurisdiction and venue of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding arising out of or related to these Terms or your use of the Services. We operate the Services from our offices in California, and we make no representation that the Services are appropriate or available for use in other locations.
- Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Contact Information. The Services are offered by Redaptive, Inc., located at 340 Brannan Street, Suite 400, San Francisco, CA, 94107, (415) 413-0445. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- 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 Sites of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
- No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
- International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
- Notice Regarding Apple. This Section 30 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and [Company] only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and 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. 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 claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a 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 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 these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.