Terms & Conditions

Terms & Conditions - the basics

1. Information Submitted Through the Service

Your submission of information through the Service is governed by Company’s
Privacy Policy https://we.letgo.com/privacy-policy (the “Privacy Policy”). You
represent and warrant that any information you provide in connection with the
Service, including Listings and other Submissions (each, as defined below), is and
will remain accurate and complete, and that you will maintain and update such
information as needed.

2. Community Guidelines.

You agree that you will comply with all of our Community Guidelines, as updated by
us from time to time, located at https://we.letgo.com/community-guidelines. The
Community Guidelines contain, among other things, our list of prohibited products,
prohibited services and our rules of conduct.

3. Registration; User Names and Passwords.

You may need to register to use all or part of the Service. We may reject, or require
that you change, any user name, password or other information that you provide to
us in registering. Your user name and password are your account credentials and
must be kept confidential. You are responsible for any and all activity on any account
you register using your account credentials. You must immediately notify us if you
believe that your account credentials have been compromised. If you register using a
social media network, you authorize us to access, use, disclose and retain, in
accordance with our Privacy Policy, the information that we receive from the social
media network in connection with your registration.

4. Listings.

The Service includes a forum where users may post and browse listings for goods, ,
real estate and services (each a “Listing”). Such Listings are provided by users, and
not by us. WE DO NOT SELL, RENT OR OTHERWISE MAKE AVAILABLE ANY
GOODS, REAL ESTATE OR SERVICES. WE ARE NOT RESPONSIBLE OR
LIABLE FOR ANY SUCH LISTINGS, FOR ANY TRANSACTIONS LISTINGS
(EXCEPT AS SET FORTH IN THIS AGREEMENT) AND SUCH LISTINGS DO NOT
CONSTITUTE AN OFFER FROM THE COMPANY. PLEASE USE CAUTION AND
COMMON SENSE WHEN BUYING, SELLING, LEASING, HIRING OR
OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A LISTING,
OR MAKING OR RECEIVING PAYMENT FOR ANY LISTING.
The availability or promotion of a Listing through the Service does not imply our
endorsement of the Listing or the provider. We make no representations whatsoever
about any Listings, or any users. Information about and the availability of any Listing
are subject to change at any time without notice. You must ascertain and obey all
applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt,
possession and use of the subject of any Listing. We reserve the right to remove any
Listing for any reason.
You represent and warrant that you have the necessary authority and permissions to
post any Listing,to enter into any transaction or to make any transfer relating to a
Listing, including, if you are not of legal age to do so, by obtaining proper parental or
guardian consent. The legal age is 18 in most states.

5. Submissions.

You may submit information that could be used to personally identify you through
Listings, the creation of profile pages, submissions in forums, connection via a social
network, message boards, chat, comments, or various other interactive channels of
the Service(each, a “Submission”). You are responsible for any Submission you
make. We have no control over and are not responsible for any use or misuse
(including any distribution) by any third party of your Submissions.

6. License.

You retain ownership of your Submissions but for each Submission you make you
hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual,
irrevocable, transferable and fully sublicensable (through multiple tiers) license,
without additional consideration to you or any third party, to reproduce, distribute,
perform and display (publicly or otherwise), create derivative works of, adapt, modify
and otherwise use, analyze and exploit each Submission, in any format or media
now known or hereafter developed, and for any purpose (including promotional
purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials
(“Feedback”), whether related to the Service or otherwise, such Feedback will be
deemed a Submission, and you hereby acknowledge and agree that such Feedback
is not confidential and that your provision of such Feedback is gratuitous, unsolicited
and made without restriction, and does not create any obligation whatsoever by us.
You represent and warrant that you have all right and title necessary to grant the
licenses granted in this section, and that your Submissions, and your provision
thereof through and in connection with the Service, are complete and accurate, and
are not fraudulent, tortious or otherwise in violation of any applicable law or any right
of any third party. You further irrevocably waive any “moral rights” or other rights with
respect to attribution of authorship or integrity of materials regarding each
Submission that you may have under any applicable law under any legal theory.

7. Monitoring.

We may (but have no obligation to) monitor (either directly or using software),
evaluate, alter or remove Submissions before or after they appear on the Service, or
analyze your access to or use of the Service. Subject to our Privacy Policy, you
agree that we may disclose any and all information regarding your access to and use
of the Service to anyone for any reason or purpose.

8. Featured Listings and Subscriptions.

We may provide certain enhanced features (such as the featuring your Listing in the
feed) for a fee (“Fees”) in connection with the Service (“Paid Services”). All Fees are
set out and described in the App and are denominated in U.S. dollars and are
exclusive of any applicable taxes. Payments are processed through the Google Play
or iTunes app store from which you originally downloaded the App. You may access
the applicable “in-app” purchase rules and policies directly from the app stores. All
billing and refund inquiries must be directed to the applicable app store. Delivery of
the Paid Services is provided immediately upon purchase.
Certain of the Paid Services may be offered on a subscription basis with auto-
renewing payments (“Subscription Services”). The billing period for each type of
subscription service will be as specified in the App or Site at the time of purchase.
You can manage your subscriptions from your account in the Google Play or iTunes
app store. To cancel any Subscription Service, you must submit your cancellation
through the applicable app store. You must cancel a Subscription Service before the

start of the next billing period in order to avoid charges for the next billing period’s
fees. Following any cancellation, you will continue to have access to the Subscription
Services through the end of your current billing period and then the Subscription
Service will terminate automatically. If you delete the app or the account on which
the subscription was applied, the subscription will be fully consumed, even if it is
time-dependent and the billing period has not elapsed.
We reserve the right to modify the Fees from time to time in our sole discretion. Any
changes in the Fees will apply to the next billing period. Except as provided above,
or as otherwise expressly agreed upon by us, all sales of Paid Services (including
any Subscription Services) are final and there are no refunds. There are no refunds
or credits for partially used Subscription Services periods.

9. Payments Through letgo.

Where available, a buyer and seller may pay with and accept credit cards and other
electronic payment methods (each an “Electronic Payment Method”) through the
Service. Use of an Electronic Payment Method is subject to the terms and conditions
of such third party providers (such as Apple through ApplePay). letgo, in its sole
discretion, may from time to time impose limits on your ability to make and/or receive
payments through the letgo Payments. Additionally, third parties may impose their
own limits and limitations on a seller’s use of the letgo Payments. 
All purchases made using letgo Payments are made directly between the buyer and
the seller when they complete their purchase and sale transaction, pursuant to the
terms they determine. We are not a party to purchase and sale transactions
completed using letgo Payments, and disclaims any and all responsibility to facilitate
such transactions, except to provide an interface through which you can provide
your.
Electronic Payment Method to a third party to process on behalf of the seller. By
releasing payment to the seller, the buyer confirms that they are in possession of the
item, have inspected it, and that the item is acceptable. You agree to pay the service
fees (“Service Fees”) described in the FAQs for the sales transactions you make
using letgo Payments. The Service Fees include Electronic Payment Method
processing fees to letgo’s payment processor and service fees to letgo. We reserve
the right to change the Service Fees from time to time.
We are not liable for funds held within a seller''s account, should they not provide us
with payout information (or provide us with incorrect payment information). We are
not responsible for an incorrect payout that results in a successful, irretrievable
payout to a third party as the result of your providing incorrect information.
Upon completion of a sale in which the buyer uses letgo Payments, if you have not
previously set up an account with the payments provider, then you must do so in
accordance with their specified requirements. Your right and/or ability to receive
sales proceeds via letgo Payments may be revoked, disabled or limited if the
purchase or sale violates this Agreement. It is your responsibility to determine what,
if any, taxes apply to each transaction you complete via the Service, including, for
example, sales, use, value added, and similar taxes. It is also your responsibility to
withhold, collect, report and remit the correct taxes to the appropriate tax authorities.
We are not responsible for withholding, collecting, reporting, or remitting any sales,

use, value added, or similar tax arising from any transaction you complete via the
Service.
Offers may be canceled by us for any reason prior to a buyer releasing their payment
to a seller. We cannot provide protection or support for payments released to a seller
before the buyer has possession of the item. Any decision made by letgo in regards
to resolving a dispute is final and binding.

YogaBuddy will be utilizing the Stripe payment platform. Its terms and conditions can
accessed at https://stripe.com/ssa#section_a

10. Your Limited Rights.

The App is licensed (not sold) to end users. Subject to your compliance with this
Agreement, and solely for so long as you are permitted by Company to use the App,
we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-
sublicensable basis, to install and use the App on a mobile device that you own or
control, solely for your use. If you fail to comply with any of the terms or conditions of
this Agreement, (i) you must immediately cease using the App, (ii) you must remove
(that is, uninstall and delete) the App from your mobile device and (iii) you are
prohibited from using the App on any mobile device until such time as we grant you
explicit permission to use the App again. Please note that if you do not accept the
system permissions that the App requires from time to time, you may not be able to
use the App or certain of its functionalities. You are responsible for obtaining,
maintaining and paying for all hardware and all telecommunications and other
services needed to use the Service.
In addition, subject to your compliance with this Agreement, and solely for so long as
you are permitted by Company to use the Site, you may view one (1) copy of any
portion of the Site to which we provide you access under this Agreement, on any
single device, solely for your personal, non-commercial use.

11. Company’s Proprietary Rights.

We own the Service, which is protected by proprietary rights and laws. Our trade
names, trademarks and service marks include LETGO and any associated logos. All
trade names, trademarks, service marks and logos on the Service not owned by us
are the property of their respective owners. You may not use our trade names,
trademarks, service marks or logos in connection with any product or service that is
not ours, or in any manner that is likely to cause confusion. Nothing contained on the
Service should be construed as granting any right to use any trade names,
trademarks, service marks or logos without the express prior written consent of the
owner.

12. Third Party Materials.

Though your use of the Service, you may have access to certain information,
products, services and other materials made available by third parties, including
Listings and other Submissions (“Third Party Materials”), or allow for the routing or
transmission of such Third Party Materials.
We do not control or endorse, and are not responsible for, any Third Party Materials
and make no representations or warranties about them. We may not monitor Third
Party Materials, and we may block or disable access to any Third Party Materials
through the Service at any time. The availability of any Third Party Materials through
the Service does not imply our endorsement of, or our affiliation with, any provider of
Third Party Materials.
YOU USE THIRD PARTY MATERIALS AT YOUR OWN RISK AND IS SUBJECT TO
ANY ADDITIONAL TERMS OR POLICIES APPLICABLE TO SUCH THIRD PARTY
MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE
PROVIDERS OF SUCH THIRD PARTY MATERIALS).

13. Promotions.

Any sweepstakes, contests, raffles, surveys, games or similar promotions
(collectively, “Promotions”) made available through the Service may be governed by
rules that are separate from this Agreement. If you participate in any Promotions,
please review the applicable rules. If the rules for a Promotion conflict with this
Agreement, the Promotion rules will govern.

14. Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE
SERVICE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU
BY US ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT
ANY WARRANTIES BY COMPANY OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THE SERVICE AND ANY LISTINGS AND THIRD PARTY
MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL
DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE
IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY
AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES,
LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE
“AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS.
We do not guarantee that the Service is or will remain available updated, complete,
correct, secure, or that access to the Service will be uninterrupted. The Service may
include inaccuracies, errors, and materials that violate or conflict with this
Agreement. Additionally, third parties may make unauthorized alterations to the

Service. If you become aware of any such alteration, contact us at info@letgo.com
with a description of such alteration and its location on the Service.

15. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A)
COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY
KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF
PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY
OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD
PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE
FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND
RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR
FROM ANY LISTINGS OR TRANSACTIONS OR TRANSFERS RELATING TO
LISTINGS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY
DISPUTE WITH ANY OTHER USER OF THE SERVICE; (C) YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY
THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; AND (D) THE
MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL
AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SERVICE, AND (II)
TWENTY-FIVE U.S. DOLLARS ($25.00). ALL LIMITATIONS OF LIABILITY OF ANY
KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT)
ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED
ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

16. Indemnity.

To the fullest extent permitted under applicable law, you agree to defend, indemnify
and hold harmless Company and the Affiliated Entities, and their respective
successors and assigns, from and against all claims, liabilities, damages, judgments,
awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or
relating to (a) your use of, or activities in connection with, the Service (including all
Submissions); (b) any Listings, transactions or transfers relating to Listings, or
disputes with other users of the Service; and (c) any violation or alleged violation of
this Agreement by you.

17. Termination.

This Agreement is effective until terminated. The company may terminate or
suspend your use of the Service at any time and without prior notice, for any or no
reason. Upon any such termination or suspension, your right to use the Service will
immediately cease, and Company may take technical and/or other measures to
block your access to the Service. Sections [2–3, 9, 12–13 and 15–24] shall survive
any expiration or termination of this Agreement.

18. Governing Law; Arbitration.

The terms of this Agreement are governed by the laws of the United States
(including federal arbitration law) and the State of New York, without regard to its
principles of conflicts of law, and regardless of your location. EXCEPT FOR
DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF
THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN
CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING
ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT
BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE
EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED
BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES
INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING
TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION,
INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE
ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION
PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR
AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE
PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES
TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF
THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY,
REVOCABILITY OR VALIDITY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE
PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS
ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE
ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the
contrary in this Section or any other provision of this Agreement or in the American
Arbitration Association’s Consumer Arbitration Rules, disputes regarding the
enforceability, revocability or validity of the foregoing class action waiver may be
resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any
case in which (1) the dispute is filed as a class, collective, or representative action,
and (2) there is a final judicial determination that all or part of such class action
waiver is unenforceable, then the class, collective, and/or representative action, to
that extent, must be litigated in a civil court of competent jurisdiction, but the portion
of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its
Consumer Arbitration Rules, as amended by this Agreement. The Consumer
Arbitration Rules are available online https://www.adr.org/consumer. The arbitrator
will conduct hearings, if any, by teleconference or videoconference, rather than by

personal appearances, unless the arbitrator determines upon request by you or by
us that an in-person hearing is appropriate. Any in-person appearances will be held
at a location which is reasonably convenient to both parties with due consideration of
their ability to travel and other pertinent circumstances. If the parties are unable to
agree on a location, such determination should be made by the AAA or by the
arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be
final and binding. The arbitrator will have authority to award temporary, interim or
permanent injunctive relief or relief providing for specific performance of this
Agreement, but only to the extent necessary to provide relief warranted by the
individual claim before the arbitrator. The award rendered by the arbitrator may be
confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any
of the foregoing, nothing in this Agreement will preclude you from bringing issues to
the attention of federal, state or local agencies and, if the law allows, they can seek
relief against us for you.

19. Information or Complaints.

If you have a question or complaint regarding the Service, please send an e-mail to
info@letgo.com. You may also contact us by writing to P.O Box 924, New York, NY
10014, or by calling us at 347-433-8912. Please note that e-mail communications will
not necessarily be secure; accordingly, you should not include credit card
information or other sensitive information in your e-mail correspondence with us.
California residents may reach the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by mail at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.

20. Copyright Infringement Claims.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a process for
copyright owners who believe that material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe in good faith that materials available
on the Service infringe your copyright, you (or your agent) may send the Company a
written notice by mail, e-mail or fax, requesting that the Company remove or block
access to such material. If you believe in good faith that someone has wrongly filed a
notice of copyright infringement against you, the DMCA permits you to send to
Company a counter-notice. Notices and counter-notices must meet the statutory
requirements imposed of the DMCA. See http://www.copyright.gov/ for details.
Notices and counter-notices must be sent in writing to our DMCA Agent as follows:
By mail to letgo DMCA Agent, P.O. Box 924, New York, NY 10014; by e-mail to
copyright@letgo.com; or by phone number to 347-433-8912.
We suggest that you consult your legal advisor before filing a DMCA notice or
counter-notice.

21. Export Controls.

You are responsible for complying with United States export controls and for any
violation of such controls, including any United States embargoes or other federal
rules and regulations restricting exports. You represent, warrant and covenant that
you are not (a) located in, or a resident or a national of, any country subject to a U.S.
government embargo or other restriction, or that has been designated by the U.S.
government as a “terrorist supporting” country; or (b) on any of the U.S. government
lists of restricted end users.

22. Jurisdictional Issues.

The Service is controlled or operated (or both) from the United States, and is not
intended to be subject Company to any non-U.S. jurisdiction or law. The Service may
not be appropriate or available for use in some non-U.S. jurisdictions. We may limit
the Service’s availability at any time, in whole or in part, to any person, geographic
area or jurisdiction that we choose.

23. Changes.

We may change this Agreement from time to time by notifying you of such changes
by any reasonable means, including by posting a revised Agreement through the
Service. Any such changes will not apply to any dispute between you and us arising
prior to the date on which we posted the revised Agreement incorporating such
changes, or otherwise notified you of such changes.
Your use of the Service following any changes to this Agreement will constitute your
acceptance of such changes. The “Last Updated” legend above indicates when this
Agreement was last changed. We may, at any time and without liability, modify or
discontinue all or part of the Service; charge, modify or waive any fees required to
use the Service; or offer opportunities to some or all Service users.

24. Miscellaneous.

This Agreement does not, and shall not be construed to, create any partnership, joint
venture, employer-employee, agency or franchisor-franchisee relationship between
you and Company. If any provision of this Agreement is found to be unlawful, void or
for any reason unenforceable, that provision will be deemed severable from this
Agreement and will not affect the validity and enforceability of any remaining
provision. You may not assign, transfer or sublicense any or all of your rights or
obligations under this Agreement without our express prior written consent. We may
assign, transfer or sublicense any or all of our rights or obligations under this
Agreement without restriction. No waiver by either party of any breach or default

under this Agreement will be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained herein is for
convenience only, and in no way defines or explains any section or provision. All
terms defined in the singular shall have the same meanings when used in the plural,
where appropriate and unless otherwise specified. Any use of the term “including” or
variations thereof in this Agreement shall be construed as if followed by the phrase
“without limitation.” This Agreement, including any terms and conditions incorporated
herein, is the entire agreement between you and Company relating to the subject
matter hereof, and supersedes any and all prior or contemporaneous written or oral
agreements or understandings between you and Company relating to such subject
matter. Notices to you (including notices of changes to this Agreement) may be
made via posting to the Service or by e-mail (including in each case via links), or by
regular mail. Without limitation, a printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. The company will not be responsible for any failure to
fulfill any obligation due to any cause beyond its control.
25. Apple-Specific Terms.

In addition to your agreement with the foregoing terms and conditions, and
notwithstanding anything to the contrary herein, the following provisions apply with
respect to your use of any version of the App compatible with the iOS operating
system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not
own and is not responsible for the App. Apple is not providing any warranty for the
App except, if applicable, to refund the purchase price for it. Apple is not responsible
for maintenance or other support services for the App and shall not be responsible
for any other claims, losses, liabilities, damages, costs or expenses with respect to
the App, including any third-party product liability claims, claims that the App fails to
conform to any applicable legal or regulatory requirement, claims arising under
consumer protection or similar legislation, and claims with respect to intellectual
property infringement. Any inquiries or complaints relating to the use of the App,
including those pertaining to intellectual property rights, must be directed to
Company in accordance with the “Information or Complaints” section above. The
license you have been granted herein is limited to a non-transferable license to use
the App on an Apple-branded product that runs Apple’s iOS operating system and is
owned or controlled by you, or as otherwise permitted by the Usage Rules set forth
in Apple’s App Store Terms of Service. In addition, you must comply with the terms
of any third-party agreement applicable to you when using the App, such as your
wireless data service agreement. Apple and Apple’s subsidiaries are third-party
beneficiaries of this Agreement and, upon your acceptance of the terms and
conditions of this Agreement, will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third-party beneficiary
thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or
terminate any variation, waiver or settlement under this Agreement is not subject to
the consent of any third party.

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