TERMS OF USE

Last revised May 10, 2018

These terms and conditions of use (“Terms of Use”) govern your use of our (i) online interfaces and properties (e.g., websites) owned and controlled by HarQen, LLC (“Company”), including the http://www.HarQen.com and http://www.VoiceAdvantage.com websites (collectively, the “Site”), and (ii) mobile applications (collectively, the “App” and together with the Site, the “Service”). Your compliance with these Terms of Use is a condition to your use of the Site and App. If you do not agree to be bound by the Terms of Use, promptly exit the Site or App, as applicable, and refrain from any future use of the Service. Please also consult our Privacy Policy (http://harqen.com/policies/privacy-policy.html) and Privacy Shield Policy (http://harqen.com/policies/eu-privacy-shield.html) for a description of our privacy practices and policies.

Binding Arbitration.  These Terms of Use provide that all disputes between you and Company that in any way relate to these Terms of Use or your use of the Site and App will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.

1.          Ownership of the Site, App and Content

All pages within the Site and App, all Content (as defined below), an and any other material made available for use or download are the property of Company, or its licensors or suppliers, as applicable. The Site and App are protected by United States and international copyright and trademark laws. The contents of the Site and App, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site and App (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.

2.          App License

Subject to your compliance with these Terms of Use, Company grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the App and Company software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including Company. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason. Any rights not expressly granted herein are reserved by Company.

3.          Software Updates

In connection with providing the Service, Company may elect to update the software of the App at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Use.

4.          Third Party Content

The Service may contain or otherwise incorporate the use of portions of content being the sole property of third parties that Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of any such content. Company does not endorse such third-party content and in no event shall Company be responsible or liable for any products, software or services of such third party providers.

5.          Network Access; Text Messaging; Service Provider

You are responsible for obtaining the data network access necessary to use the Service. You acknowledge that the terms of any agreement with your respective mobile network provider will continue to apply when using the Service with your wireless-enabled mobile device.

By using the Service, providing your cellular telephone number in connection therewith, and consenting to receiving periodic text messages, you consent to receive periodic text messages regarding the Service. With respect to all SMS/text messages sent by Company, message and data rates of your mobile network provider may apply. You accept responsibility for any such charges that arise. If you do not respond to any text message sent by Company, Company will stop sending future text messages without consent by you. For assistance, please Contact Us at support@harqen.com.

 

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Company does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

6.          Site and App Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.  You are prohibited from using the Service to violate any applicable law pertaining to the recording of telephone conversations.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site or App, deep-link to any feature or content on the Site or App, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or App.

You may not, and you agree that you will not permit any third party to, decompile, disassemble, or reverse engineer any object code that is part of the App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on or through the Site or App.

In order to use certain aspects of the Service, you must register for and maintain an active personal user account (an “Account”). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to access the Service using only the username and password associated with your Account. Unless otherwise permitted by Company in writing, you may only possess one.  Account registration requires you to submit to Company certain personal information, such as your name, a password and your email address. You agree to protect the confidentiality of your Account login information, and not to share or disclose your such information to any third party. You agree that you are fully responsible for all activity occurring under your Account. Your access to the Service may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your Account.

7.          Accuracy and Integrity of Information

Although Company attempts to ensure the integrity and accuracy of the Site and App, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, App and Content thereon. It is possible that the Site or App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site or App by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site or App without notice. Information contained on the Site or App may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site or App from any non-Company affiliated third party.

8.          Termination of Access; Removal of Content or Features

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your Account, or all or a portion of your access to the Service, at any time with or without notice in the event (i) you have breached these Terms of Use or (ii) such action is necessary to prevent harm to any party or liability to Company.

Additionally, notwithstanding any other provision of these Terms of Use, Company reserves the right to change, suspend, remove or disable access to any Content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials.

9.          Typographical Errors

The Site or App may include inaccuracies or errors. In particular, Company does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of an interview opportunity displayed by or otherwise accessible in connection with the Service. In addition, Company expressly reserves the right to correct any pricing errors or descriptions on the Site or App.

10.      Payments

If you are a business who has contracted for our Services, then you may be able to purchase our Services through the Site and App.  We will collect your payment information and immediately transmit such information to Authorize.net to process your payment for our Services, and such transaction will be subject to any terms and conditions and privacy policy made applicable by Authorize.net.  We will not retain any of your payment information on our systems.

You represent and warrant that if you provide payment information to Authorize.net linked from our Site or App that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

11.      Export Policy and Restrictions

You acknowledge that the App and Content which are licensed in connection with the Service, include technology and software and are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which you obtained the App or Content. By downloading or using technology or software in connection with the Service, including the App, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology, including the App, to a foreign national or a foreign destination in violation of the law, or to any person who otherwise is forbidden from receiving such software or technology, including the App, under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

12.      Links to Other Sites

Company makes no representations whatsoever about any other website that you may access through this Site and App. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Site or App, you do this entirely at your own risk.

13.      User Generated Content, Reviews, Feedback and other Postings to the Site or App

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images, audio, documents, responses to questions or other materials to us or the Site or App (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) contains or transmits a virus or any other harmful component, or (4) is inaccurate (when facts are stated) or insincere (when opinions are stated). You agree not to contact other Service users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Subject to applicable laws and regulations, Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.  You agree that you shall be solely responsible for all User Generated Content that you submit, add, upload, post or otherwise communicate through the Service, even if a claim should arise after termination of your use of the Service.

Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site or App. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold Company harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site or App.

14.      Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted to the Site or App.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on or through the Site or App

                If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or App by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or location on the App where such material may be found or a description of where in the App such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

HarQen, LLC

Attn: Copyright Agent

300 N. Corporate Dr., Suite 340

Brookfield, WI 53045, USA

 

15.        Disclaimer of Site and App Warranties

COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. COMPANY DOES NOT WARRANT THAT THE SITE OR APP WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. THE SITE AND APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN EACH OR ANY SITE-RELATED OR APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE OR APP.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE APP, SITE-RELATED AND APP-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

16.      Limitation of Liability Regarding Use of Site and App

COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITE OR IN THE APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE APP, SITE-RELATED OR APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, THE APP, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APP, SITE-RELATED AND APP-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE, THE APP AND/OR SUCH SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE IS $100 (ONE HUNDRED DOLLARS).

17.      Dispute Resolution; Arbitration Agreement.

We will try work in good faith to resolve any issue you have with the Service if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Service shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.

If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim ("Notice"). The Notice to Company should be addressed to: HarQen, LLC, 300 N. Corporate Dr., Suite 340, Brookfield, WI 53045, USA ("Notice Address"). If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Milwaukee, Wisconsin.

18.      Additional Apple Terms

The following additional terms and conditions apply with respect to the Service if used on an Apple iOS-powered mobile device (“iOS App”):

a.                   You acknowledge that these Terms of Use are concluded between you and Company only, and not with Apple. Company, and not Apple, is solely responsible for Company’s iOS App and the services and Content available thereon.

b.                   You agree that your license to use the iOS App is limited to an Apple iOS-powered mobile device that you own or control and that your use of Company’s iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.

c.                    You and Company agree that Apple shall have no obligation to provide maintenance and support services with respect to Company’s iOS App.

d.                   To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Company’s iOS App.

e.                   You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to Company’s iOS App or your possession and/or use of Company’s iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f.                     You agree that Company, and not Apple, is responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to Company’s iOS App or your possession and use of Company’s iOS App.

g.                   You 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.

You and Company agree that Apple and Apple’s subsidiaries are third party beneficiaries to the Terms of Use applicable to Company’s iOS App. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.

19.      Additional Google Play Terms

a.                   The following additional terms and conditions apply with respect to the Service if used on an Android-powered mobile device (“Android App”):

b.                   You acknowledge that these Terms of Use are concluded between you and Company only, and not with Google, Inc. (“Google”). Company (to the extent described in these Terms of Use), and not Google, is responsible for the Android App and the services and Content available thereon.

c.                    You agree that your use of the Android App shall be subject to the then-current Google Play Terms of Service.

d.                   Google Inc., as provider of Google Play, shall have no obligation or liability to you with respect to Android App or these Terms of Use.

e.                   You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use applicable to the Android App.

You and Company agree that Google and Google’s subsidiaries are third party beneficiaries to the Terms of Use applicable to Company’s Android App. Upon your acceptance of the Terms of Use, Google will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.

20.      Revisions; General

Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Service after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site or App.