By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to OpinionShield, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement, including, but not limited to, arbitration of claims, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.
From time to time OpinionShield may update this Platform and this Agreement. Your use of this Platform after OpinionShield posts any changes to this Agreement constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. OpinionShield may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that OpinionShield will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN OPINIONSHIELD’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
1. Use of the Platform and Posting Policy
The following requirements apply to your use of the Platform:
- You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by OpinionShield.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use the Platform for any commercial purpose not expressly approved by OpinionShield in writing.
- You will not upload, transmit, email, post, or otherwise communicate any advertising or promotional materials or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, include in any messages, or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of OpinionShield’s system or any third party’s computer. You further agree that you will not share or post any content that undermines the operation of the Platform.
On certain areas of the Platform you may be able to submit photos, written posts and certain other materials (“User Content”). By using these features, you agree:
- You will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by OpinionShield;
- You will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
- You will not impersonate any person or organization, including without limitation, the personnel of OpinionShield, or misrepresent an affiliation with another person or organization;
- You will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform.
You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Platform or features therein. OpinionShield may cancel your account and delete all User Content associated with your account at any time, and without notice, if OpinionShield deems that you have violated this Agreement, the law, or for any other reason. OpinionShield assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to OpinionShield a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, edit and revise any User Content (without notice), as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You represent and warrant that you own all content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further represent that all information provided by you through this Platform is true and accurate. OpinionShield reserves the right to remove any User Content you provide, in its sole discretion, without any notice to you.
You agree to indemnify and hold OpinionShield, its parents, subsidiaries, officers, employees, and Platform contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of this Agreement, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to OpinionShield or this Platform.
2. Grant of License
The Platform, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Platform Updates (as defined below), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by OpinionShield subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with OpinionShield, who owns full and complete title, and OpinionShield reserves all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to OpinionShield’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device – including iPhone or iPad devices – at a time. You may not make the Platform available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use OpinionShield proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement or the LAEULA (as defined below), including, without limitation, resale, transfer, modification or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate OpinionShield to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform. This Agreement is effective until terminated.
Your rights under this Agreement will terminate automatically without notice from OpinionShield if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform.
3. OpinionShield Content
OpinionShield provides the Platform to you, subject to this Agreement. The Platform, and any services performed, provided or enabled by or through the Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, and other materials provided to you via the Platform (collectively “Content”), are intended for the lawful use by registered users of the Platform. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify OpinionShield if any of your information changes. OpinionShield makes no representation that the Platform or Content are appropriate or available for use in particular locations.
You agree not to download, display or use any Content for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of OpinionShield, in any other manner that is likely to cause confusion among customers, that disparages or discredits OpinionShield and/or its licensors, that dilutes the strength of OpinionShield or its licensors’ property, or that otherwise infringes OpinionShield or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to OpinionShield at firstname.lastname@example.org, or to DMCA Notice, OpinionShield, 5001 Birch Street, Newport Beach, California 92660. Please include the following, as required by the DMCA:
- Identify the copyrighted work(s) you claim is infringed.
- Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
- Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Include the Claimant’s name, address, and telephone number(s).
- Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
When OpinionShield receives an infringement notice with all the required information and are able to locate the allegedly infringing material, OpinionShield will remove or disable access to the subject material. OpinionShield also will take reasonable steps to promptly notify the person who posted the subject material. OpinionShield will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under to DMCA:
- A physical or electronic signature of the person submitting the counter-notification;
- Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
- The name, address, email address and telephone number of the person submitting the counter-notification;
- A statement that the person submitting the counter-notification consents to the jurisdiction of Federal District Court for his judicial district, or if the person is outside the United States, for any judicial district in which OpinionShield may be found, and that the person will accept service of process from the person who submitted the DMCA claim or his agent.
4. Binding Arbitration
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
5. Communicating with OpinionShield
By using the Platform, you acknowledge and agree that any materials, ideas or other communications you transmit to OpinionShield in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to OpinionShield may be used by OpinionShield anywhere, anytime, and for any reason whatsoever.
6. Mobile Service, Internet, and Service Fees
The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from OpinionShield, your mobile carrier or third party service providers. IF YOU DO NOT HAVE AN UNLIMITED WIRELESS MOBILE DATA PLAN, YOU MAY INCUR ADDITIONAL CHARGES FROM YOUR WIRELESS SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY ADDITIONAL SUBSCRIPTION OR CONNECTIVITY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE PLATFORM, INCLUDING BUT NOT LIMITED TO PAYMENT OF ALL THIRD PARTY FEES ASSOCIATED THEREWITH, INCLUDING FEES FOR INFORMATION SENT TO OR THROUGH THE PLATFORM.
The Platform may not work with all computers, browsers, devices or all mobile carriers. OpinionShield makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
7. Intellectual Property Ownership
There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Platform and in the Content. By making these Trademarks available through the Platform and in the Content, OpinionShield is not granting you a license to use them in any fashion, and you are not granted any license under any of OpinionShield’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No OpinionShield Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without OpinionShield’s prior written permission.
The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by OpinionShield, or its respective licensors. The unauthorized copying, displaying, selling, distributing or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by OpinionShield that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.
8. Accounts, Passwords, and Security
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing OpinionShield with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, and all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify OpinionShield immediately of any unauthorized use of your OpinionShield account.
You agree and acknowledge that OpinionShield has no liability or responsibility for any fraudulent transactions or activity you may identify through use of the Platform if you choose to connect any financial accounts or credit card accounts to the Platform, regardless of whether such activity is removed from the Platform.
You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. OpinionShield is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. OpinionShield shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You agree that OpinionShield and OpinionShield’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant OpinionShield the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which OpinionShield believes you may be interested.
9. Representations, Disclaimer of Warranties, and Limitations of Liability
OpinionShield and its officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “OpinionShield Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by OpinionShield or the OpinionShield Affiliates.
OpinionShield and the OpinionShield Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing OpinionShield or the OpinionShield Affiliates any information or posting information to the Platform. OpinionShield and the OpinionShield Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.
THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OPINIONSHIELD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL OPINIONSHIELD BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OPINIONSHIELD’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL OPINIONSHIELD OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF OPINIONSHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OPINIONSHIELD’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. OPINIONSHIELD DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL OPINIONSHIELD OR THE OPINIONSHIELD AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
10. Links to Third-Party Sites and Services
The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners and customer financing. The Platform may allow you to add/configure certain third-party services (“Third-Party Services”) to your device. OpinionShield has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on OpinionShield servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree OpinionShield is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OPINIONSHIELD AND THE OPINIONSHIELD AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OPINIONSHIELD’S DEFENSE OF ANY CLAIM. OPINIONSHIELD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF OPINIONSHIELD.
This Agreement constitutes the entire agreement between you and OpinionShield governing your use of the Platform, superseding any prior agreements between you and OpinionShield relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of OpinionShield to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding this Agreement will be subject to the courts for Orange County, California. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Platform and/or this Agreement, will be resolved individually, without resort to any form of class action. This Agreement operates to the fullest extent permissible by law.
You acknowledge and agree that your use of the Platform may involve you providing an “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact OpinionShield at email@example.com to change your communication preferences.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact OpinionShield at firstname.lastname@example.org or at the following address: OpinionShield, 5001 Birch Street, Unit #2, Newport Beach, California, 92660.
Both you and OpinionShield acknowledge and agree that no partnership is formed and neither of you nor OpinionShield has the power or the authority to obligate or bind the other.
The failure of OpinionShield to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, territorial, or local governmental authorities, or for any other reason beyond the reasonable control of OpinionShield, shall not be deemed a breach of this Agreement.
13. Users of the Apple Mobile App Platform
If you download and/or use the iPhone or iPad Platform: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between OpinionShield and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions Apple Media Services Terms and Conditions. This agreement incorporates by reference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. LICENSED APPLICATION END USER LICENSE AGREEMENT. For purposes of this Agreement, the Platform is considered the “Licensed Platform” as defined in the LAEULA and OpinionShield is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under customer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.
14. Mobile App Platform Updates
OpinionShield may make available for download certain Platform updates or upgrades to the Platform to update, enhance or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by OpinionShield.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of OpinionShield and its licensors of the Platform and Platform Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Platform and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
OpinionShield may, at its discretion, automatically download Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Platform and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform and Platform Updates. These laws include restrictions on destinations, end users and end use.