THINKSPAN
TERMS OF SEVICE

EFFECTIVE DATE: MAY 6, 2025

I. Introduction
Welcome, and thank you for visiting. Thinkspan’s website and mobile applications are operated by Thinkspan LLC, a Delaware (USA) limited liability corporation with business operations in Highland Park, IL, USA (hereafter, “Thinkspan”).

Thinkspan’s applications provide you with a next-generation personal data vault (we call this your “Personal Vault”) on your device; and each Personal Vault is secured with advanced ‘zero-knowledge’ encryption technologies (see Section 1(a) of our Privacy Policy for more details). In addition, each Personal Vault may feature a private ‘Edge AI’ personal assistant which operates within the secure envelope of your Personal Vault (please see Section 1(b) of our Privacy Policy). You can find our Privacy Policy at: https://thinkspan.com/privacy.

And you can contact us at the following:
Thinkspan, LLC
2057 Green Bay Rd
Suite A 
Highland Park, IL 60035-6101
+1 800 218 2810

II.  Preliminary Notifications
(1) PLEASE READ THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, WHICH ARE LOCATED IN SECTION XIII, BELOW. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE ‘TERMS OF SERVICE’ CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER AGREEMENT (EXCEPT FOR CERTAIN MASS ARBITRATION PROCEEDINGS). BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS IN SECTION XIII.

(2) OUR SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, PLEASE DO NOT ACCESS OR USE OUR SERVICE.  

(3) Your use of the Sites is expressly subject to: (a) our Mobile Messaging Terms and Conditions (see https://thinkspan.com/mobile-terms) and (b) the terms of our Privacy Policy (https://thinkspan.com/privacy). These policies are referred to herein as the “Additional Policies”); and the terms of these Additional Policies are incorporated herein by this reference.  

III. Terms of Service; Binding Agreement
These Terms of Service (“Terms”) are designed to help you understand our services and the terms and conditions (and obligations) which apply to you as you use our Sites (the term “Sites” is defined to include our website(s) and our mobile applications, and this term is further defined in Section XIV, below). 

To use the Sites you are required to comply at all times with the terms herein and in our Additional Policies (see links above). As such, please review these Terms and the terms of our Additional Policies carefully. If you have any concerns or questions, please contact us (contact information is included in Section I).

Also, please understand that these Terms operate as a binding contract. By accessing or using any of the features or services on the Sites you are accepting and agreeing to these Terms and the terms of our Privacy Policy, and you are agreeing that you will be legally bound by all of the provisions herein and in the Privacy Policy. Further, you agree to receive these Terms electronically, and to conduct this agreement, consent, and signature process electronically. Finally, you agree that the process of obtaining your consent to receive messages from Thinkspan demonstrates your intent to provide any necessary electronic signatures required by state or federal law.
IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS IN THESE TERMS OR IN OUR PRIVACY POLICY, OR IF YOU DON’T AGREE TO ANY CHANGES THAT WE MAY MAKE TO THESE TERMS OR OUR PRIVACY POLICY, THEN PLEASE STOP ACCESSING AND/OR USING THE SITES AND SERVICES IN ANY WAY.

IV. Scope of this Policy; Additions and Changes to These Terms
These Terms apply to and govern: (1) the thinkspan.com homepage and all associated websites and pages, (2) all Thinkspan web and/or mobile applications, and (3) all of the features of our service platform (collectively the “Site” or “Sites”). Our Privacy Policy (https://thinkspan.com/privacy) explains how we manage data collected or generated by your use of the Sites. Your use of the Sites may also be subject to other terms and conditions that are found on the Sites themselves, such as: notices, business terms, policies, charges, registration requirements, etc.We may make changes to these Terms from time to time (including the Privacy Policy), and changes will be posted on the Sites. You are responsible for checking the Sites for such changes. If you continue to access the Sites and/or use any of the features or services of the Sites after changes are made to the Terms, you will be bound by the Terms as then amended. If you choose not to accept the Terms as amended, then you also agree to immediately stop accessing and/or using the Sites.

‍V. Rules of Conduct for Site Users; Other Terms of Use

(1) Rules of Conduct

Generally, you promise and agree that you: (a) will not to use the Sites for any purpose that is prohibited by these Terms; (b) will use the Sites in a manner that complies with all laws and export restrictions at all times; and (c) will use the Sites only as they are designed and intended to be used (and if you have any questions about our intentions with regard to the Sites you agree to contact us for clarification).

More specifically, you agree that you will not:
- Transmit, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable content in any way (as determined in our sole discretion);
- Intentionally or recklessly distribute viruses, worms, trojan horses, or any other malicious code or items of a destructive, deceptive or invasive nature;Impersonate another person or company, or otherwise misrepresent yourself or your company/entity in any way;
- Upload, transmit or otherwise use a third party’s intellectual property or other proprietary information in or on the Sites without the express permission from the appropriate third party (owner, licensor, etc.);
- Use the Sites to violate the privacy, publicity, or similar legal rights of others; and/or use the Sites to harass, defame, libel or otherwise harm others;
- Attempt to gain unauthorized access to the Sites (or any part of the Sites to which access is restricted or limited in any way) or other accounts; and/or take any action to subvert security or access-restriction measures that are incorporated into the Sites;
- Directly or indirectly: (i) copy, decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent applicable laws may specifically prohibit or limit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Sites; or (iii) copy or otherwise transfer or misappropriate any of our content, third party content, intellectual property rights, or features of the Sites;
- Remove or modify any of our logos; or any copyright, trademark, or other proprietary rights notices contained in or on the Site; or
- Take any other action that is detrimental to the best interests of our company, the Sites, Site users, or the public, in our sole opinion.
- Breach the terms of any informed consent or other agreement between you and Thinkspan, or between you and any User of Thinkspan.
- Rent, lease, loan, trade, sell/resell or otherwise monetize the Sites or related data or access to the same, without Thinkspan’s express consent.

(2) Eligibility/Use Limitations
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‍You may not use the Sites if you have been barred from doing so or are otherwise barred from using the Sites under the laws (including treaties) of the US or of any other nation or jurisdiction. As noted above, you must be 18 years of age or older to use the Sites.  

If you are registering or using an account on behalf of a company, entity, or organization (a “Corporate Entity”), then you represent and warrant that you are an authorized representative of that Corporate Entity with the authority to bind such organization to these Terms; and you agree to be bound by these Terms on behalf of such Corporate Entity.
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(3) Links, Third Party Products and Service Partners
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A. Links and Third-Party Products.
The Sites may contain links to third-party websites or resources on the Internet (e.g., social media services), and in addition, third-party websites may contain links to our Sites. When you access third party websites and/or services, you do so at your own risk. Third party websites are not under our control, we have no obligation to (and do not) review or monitor third party websites, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party websites or resources. The inclusion of any link to a third-party website on the Sites does not imply any endorsement of that website by us or any association with its operators. Your access and use of linked sites and/or third-party resources is solely at your own risk.

B. Service Partners.
We may, from time to time, contract with third parties to provide a portion of the services associated with the processing of payments, hosting, administration and/or other service features (e.g., cloud-based AI services, etc.) of the Sites (hereafter “Service Partners”). You are responsible for ensuring that you comply with the terms of service, license terms, or equivalent agreement of each such Service Partner if you use applicable Service Partner services via a separate website or mobile service, and you will indemnify, defend, and hold us harmless from any breach of such agreement. 

You can contact us at any time (as set forth in these Terms) if you would like to receive a current list of our Service Partners. 
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IV. Scope of this Policy; Additions and Changes to These Terms
These Terms apply to and govern: (1) the thinkspan.com homepage and all associated websites and pages, (2) all Thinkspan web and/or mobile applications, and (3) all of the features of our service platform (collectively the “Site” or “Sites”). Our Privacy Policy (https://thinkspan.com/privacy) explains how we manage data collected or generated by your use of the Sites. Your use of the Sites may also be subject to other terms and conditions that are found on the Sites themselves, such as: notices, business terms, policies, charges, registration requirements, etc.

We may make changes to these Terms from time to time (including the Privacy Policy), and changes will be posted on the Sites. You are responsible for checking the Sites for such changes. If you continue to access the Sites and/or use any of the features or services of the Sites after changes are made to the Terms, you will be bound by the Terms as then amended. If you choose not to accept the Terms as amended, then you also agree to immediately stop accessing and/or using the Sites.

V. Rules of Conduct for Site Users; Other Terms of Use
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(1) Rules of Conduct

Generally, you promise and agree that you: (a) will not to use the Sites for any purpose that is prohibited by these Terms; (b) will use the Sites in a manner that complies with all laws and export restrictions at all times; and (c) will use the Sites only as they are designed and intended to be used (and if you have any questions about our intentions with regard to the Sites you agree to contact us for clarification).

More specifically, you agree that you will not:
- Transmit, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable content in any way (as determined in our sole More specifically, you agree that you will not:Transmit, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable content in any way (as determined in our sole discretion);
- Intentionally or recklessly distribute viruses, worms, trojan horses, or any other malicious code or items of a destructive, deceptive or invasive nature;
- Impersonate another person or company, or otherwise misrepresent yourself or your company/entity in any way;
- Upload, transmit or otherwise use a third party’s intellectual property or other proprietary information in or on the Sites without the express permission from the appropriate third party (owner, licensor, etc.);
- Use the Sites to violate the privacy, publicity, or similar legal rights of others; and/or use the Sites to harass, defame, libel or otherwise harm others;
- Attempt to gain unauthorized access to the Sites (or any part of the Sites to which access is restricted or limited in any way) or other accounts; and/or take any action to subvert security or access-restriction measures that are incorporated into the Sites;
- Directly or indirectly: (i) copy, decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent applicable laws may specifically prohibit or limit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Sites; or (iii) copy or otherwise transfer or misappropriate any of our content, third party content, intellectual property rights, or features of the Sites;
- Remove or modify any of our logos; or any copyright, trademark, or other proprietary rights notices contained in or on the Site; or
- Take any other action that is detrimental to the best interests of our company, the Sites, Site users, or the public, in our sole opinion.
- Breach the terms of any informed consent or other agreement between you and Thinkspan, or between you and any User of Thinkspan.
- Rent, lease, loan, trade, sell/resell or otherwise monetize the Sites or related data or access to the same, without Thinkspan’s express consent.);

(2) Eligibility/Use Limitations
You may not use the Sites if you have been barred from doing so or are otherwise barred from using the Sites under the laws (including treaties) of the US or of any other nation or jurisdiction. As noted above, you must be 18 years of age or older to use the Sites.  If you are registering or using an account on behalf of a company, entity, or organization (a “Corporate Entity”), then you represent and warrant that you are an authorized representative of that Corporate Entity with the authority to bind such organization to these Terms; and you agree to be bound by these Terms on behalf of such Corporate Entity.

(3) Links, Third Party Products and Service Partners

Links and Third-Party Products.
The Sites may contain links to third-party websites or resources on the Internet (e.g., social media services), and in addition, third-party websites may contain links to our Sites. When you access third party websites and/or services, you do so at your own risk. Third party websites are not under our control, we have no obligation to (and do not) review or monitor third party websites, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party websites or resources. The inclusion of any link to a third-party website on the Sites does not imply any endorsement of that website by us or any association with its operators. Your access and use of linked sites and/or third-party resources is solely at your own risk.
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Service Partners.
We may, from time to time, contract with third parties to provide a portion of the services associated with the processing of payments, hosting, administration and/or other service features (e.g., cloud-based AI services, etc.) of the Sites (hereafter “Service Partners”). You are responsible for ensuring that you comply with the terms of service, license terms, or equivalent agreement of each such Service Partner if you use applicable Service Partner services via a separate website or mobile service, and you will indemnify, defend, and hold us harmless from any breach of such agreement. You can contact us at any time (as set forth in these Terms) if you would like to receive a current list of our Service Partners. 

(4) Notices, Contact Information‍

- Notice to Us: Our contact information is available at the beginning of these terms.
- Notice to You: If you have registered with the Sites and we need to contact you directly for any reason, we will do so via the email address that you provided during the registration process. Such notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

By providing us with contact information, you consent to receive reasonable communications from us electronically. Such communications may include, but will not be limited to, legally required disclosures, notifications regarding service updates, suggestions and reminders, or other information in connection with the Sites (collectively, "Service Notices"). You can withdraw your consent to receive notices (except for legally required notices, safety-related notices or notices fundamental to the delivery of our Services) at any time by contacting us as set forth above. Depending on the jurisdiction in which you are located, you may also have the ability to withdraw your consent to receive all notices from us, but in such circumstances, it may not be possible for us to continue to provide services to you.

VI. Content on the Sites: Our Right to Suspend/Delete Accounts; Notice to You About Generated Content; and Copyright Infringement or Misuse Claims
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‍(1) Right to Suspend/Delete Accounts

‍As explained further in Section VII(2), because we can’t determine what is in our users’ Personal Vaults, we reserve the right to suspend or delete any user account, temporarily or permanently, without notice to you or other users, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to your content or your use of our Service, or if we are concerned that you may have violated these Terms). We reserve the right to take any of the foregoing actions in our sole and unlimited discretion when we believe that such action(s) are in the best interests of the public, our users, or the Sites. However, we will follow the processes described in Section VII(2) if/when it is necessary to delete or suspend an account.  

(2) Content Generated by Our Systems (including AI Features)
Our Service includes a private Edge AI personal assistant feature which may provide you with recommendations, interpretations, insights, ZK Offers (this term is defined in Section 1(b) of our Privacy Policy), or other types of information (collectively, "Generated Content"). For additional information on our Edge AI features please see Section 1 of the Privacy Policy. 

While we strive to make all Generated Content accurate, reliable, inoffensive and safe, the fact is that generative AI tools are not perfect, and Generated Content may be inaccurate, incomplete, misleading, offensive, or otherwise problematic. 

As such, by using our Service, you agree that: 
1. Content Ownership: You will only upload and/or input content to the Service which you own or have full permission to use.
2. Responsibility for Accuracy: You are solely responsible for verifying the accuracy, completeness, and suitability of Generated Content for your uses; and you will not rely on Generated Content without independently confirming its accuracy, completeness and suitability for your needs.
3. Professional Advice: For matters where professional advice is required (e.g., legal, medical, business and financial matters) you will seek such advice; and you will not rely on Generated Content as a substitute for professional advice.
4. Sharing: You will not share Generated Content with others unless you have first verified that it is accurate, complete, appropriate, and inoffensive.
5. You Will Report Issues: Please notify us promptly if you encounter inaccurate, offensive, or inappropriate Generated Content.
6. Lawful Use: You will not use Generated Content for illegal purposes or to make important decisions about others (e.g., hiring, medical or credit-related decisions).
7. No Endorsement: Generated Content is generated by our Service and does not (a) reflect our views, or (b) constitute an endorsement of any ideas, opinions, people or entities mentioned.

(3) Digital Millennium Copyright Act (“DMCA”)
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If you are a copyright owner, or an agent thereof, and you believe that certain content hosted on the Sites infringes on your copyright interests, you may submit a notice thereof pursuant to the Digital Millennium Copyright Act (“DMCA”) to us by providing us with the information listed below. However, please understand the following: Due to the nature of our Service, we do not have the ability to access any materials which are contained within an individual’s encrypted Personal Vault.
If you provide us with a notice under this section relating to materials which are within another user’s Personal Vault, we may have limited ability to confirm the presence of copyrighted work(s) and we may have limited abilities to remove the material from the applicable Personal Vault.  

Following receipt of a full and complete notice, we will take whatever action(s) we deem appropriate (in our sole discretion), which may include the suspension or deletion of a user’s Personal Vault.
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To provide full notice to us please provide the following, in writing:
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- Identify the owner of the copyright that is alleged to be infringed, and please provide a name and physical or electronic signature of the copyright owner or of a person authorized to act on behalf of such owner;
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- Identify the copyrighted work that you claim has been infringed (images, screenshots, etc. may be acceptable, in conjunction with a written description or web link, as may be applicable), a clear description of the location on the Sites of the allegedly infringing material, and a clear description of how you believe that your copyrighted material has been infringed;
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- Adequate contact information so that we will be able to contact you regarding your notice;
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- A written statement to the effect that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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- A written statement to the effect that the information in your notification is accurate, and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of the right that is allegedly infringed.

Notice under this section should be delivered to the contact information included at the beginning of these Terms.

VII. Registration (All Sites)

The Sites may allow or require you to register for various purposes. If so, you must complete the applicable registration form and provide the information required therein. We will manage all information that you provide to us in accordance with the terms of our Privacy Policy.

(1) Registration Information
You agree that the registration information that you provide to us at registration and at all other times will be true, accurate, current, and complete. You agree to accept responsibility for all activities that occur under your account. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your password, and for restricting access to your computer(s) and other equipment. You agree that we may take steps to verify the accuracy of the information you provide. DUE TO THE HIGHLY SECURE NATURE OF OUR SERVICE, IF YOU FORGET OR LOSE YOUR PASSWORD, IT WILL NOT BE POSSIBLE (FOR YOU OR FOR US) TO RECOVER YOUR ACCOUNT OR YOUR DATA, INCLUDING ALL OF THE INFORMATION IN YOUR PERSONAL VAULT - YOU WILL NEED TO CREATE A NEW ACCOUNT AND UPLOAD YOUR DOCUMENTS AND INFORMATION AGAIN. 

(2) Termination of Registration and/or Account
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1. You agree that we may freeze or terminate your registration and your access to all or any part(s) of the Sites at any time, with or without notice, in accordance with the following principles:  

2. In all circumstances, we will comply with and follow the requirements of applicable local laws and regulations which may apply to your use of our Sites.  If we believe (in our sole discretion) that it is necessary to freeze or terminate your account in the best interests of the Sites or of the public, then we will provide you with three (3) business days prior notice before taking any such action, during which period you will be responsible for downloading the content in your Personal Vault. Following the expiration of the notice period we may terminate your account and/or all applicable services without any further notice to you. For clarity: We reserve the right to freeze or terminate your account (in our sole discretion) if you fail to pay applicable fees when due (in accordance with the terms of Article XI. Subscriptions, Payments and Charges, below), or if you breach any of the terms in these Terms or our Privacy Policy.  

3. If we receive a request or notification from a law enforcement or other government official or agency relating to your account, including but not limited to any request that we freeze or terminate your account, or if we reasonably believe that you have breached any of the terms in these Terms or the Privacy Policy, we may (in our sole discretion) freeze or terminate your account with immediate effect, if we determine that such action is in the best interests of the Sites, our users or the public. At such time, we may terminate your account and/or all applicable services without any further notice to you. As noted elsewhere in these terms, any termination of your account will result in the permanent loss of all information associated with your registration and/or your account, including all information in your Personal Vault. Following any final account termination, we will have no obligation to archive, retrieve or transmit any of your account-related or Personal Vault information to you. You should download/retain copies of all data and information in your Personal Vault. 

In the event of any termination of any kind, all fees paid prior to such termination are non-refundable.You may terminate your account at any time by following the instructions on the Sites.

You may terminate these Terms at any time by canceling your registration on the Sites and discontinuing your use of the Site. However, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

VIII. Confidentiality of Information

‍The confidential information of Thinkspan will include, without limitation, all Thinkspan owned elements and content on the Sites (but excluding user content), and all non-public business, technical or financial information relating to Thinkspan’s business operations, business methods, proprietary materials, and/or technology assets (hereafter the “Confidential Company Information”).  

‍(1) Confidentiality Obligations of Users
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‍The Confidential Company Information is or includes the valuable property of Thinkspan, and accordingly, as a material part of your obligations under these Terms, you expressly agree that you will: (i) protect Confidential Company Information with the same degree of care that you use to protect your own confidential information, but in no event less than a reasonable degree of care, (ii) hold all Confidential Company Information in strict confidence, (iii) that you will not use, sell, copy, transfer reproduce, or divulge Confidential Company Information to any third party, and (iv) that you will not use Confidential Company Information for any purpose whatsoever other than as expressly authorized by these Terms.

‍(2) Exceptions
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‍Notwithstanding anything to the contrary contained herein, the terms of Sections VIII(1) and VIII(2) above will not apply to any information that an individual or a User (as applicable) can document: (i) is or becomes generally available to the public, (ii) was in its possession or known by it prior to receipt from the Thinkspan, (iii) was rightfully disclosed to it without restriction by a third party, or (iv) was independently developed without use of any Confidential Information of Thinkspan.

‍(3) Compelled Disclosure

‍Notwithstanding the terms of Sections VIII(1) and VIII(2) above, an individual or a User may disclose Confidential Information to the extent necessary to comply with a court order or applicable law; provided, however that the individual or entity who/which intends to disclose confidential information first delivers reasonable advance notice of such disclosure to Thinkspan.

IX. Ownership of Intellectual Property and Proprietary Rights

(1) We Retain Ownership of the Sites, our Property and our Content

‍The Sites contain content and proprietary materials that were created and/or are owned by us or by our partners. Such content is protected under the laws of the United States and other countries, by international conventions, and by other relevant intellectual property and proprietary rights laws. Such laws and protections may include copyright, trademark, service mark, patent, trade secret and/or trade dress protections, and/or other proprietary rights. You must abide by and maintain all copyright, trademark and other proprietary rights notices, information, and restrictions contained in any content accessed through the Sites. And to be clear, we retain all rights except those rights which are expressly granted to you by these Terms, including all rights in all of the elements and features of the Sites and our proprietary service platform, and all derivatives thereof, whenever created (collectively “Thinkspan Property”).

‍(2) We Grant You a Limited License to Use the Sites

‍Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Sites and our content solely for personal (or authorized entity) use in conjunction with your use of the Sites.

‍(3) Feedback and Future Development

‍If you provide us with any suggestions or feedback (including but not limited to suggestions for improvements to the Sites, hereafter “Feedback”), whether in response to surveys or interviews which we conduct or otherwise, you hereby grant us a fully paid, royalty-free, perpetual, irrevocable, nonexclusive license to use such Feedback in any way, including but not limited to by incorporating such Feedback into the Sites.

‍(4) De-identified or Aggregated Information

‍We may aggregate and anonymize information you provide to us, or which we collect as described in this policy, in such a way as to ensure it will no longer be identifiable to you. This aggregated/anonymized data may be used for statistical, analytic, and administrative purposes, including analyzing our website traffic and trends, tailoring our Services, or conducting product analysis. We may use or share anonymized or aggregated data at our discretion, in accordance with applicable laws.

‍(5) Mobile Application Licenses

‍If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license and the terms contained in these Terms. Further, when you obtain a mobile application from either the Apple Store or Google Play store (each an “Application Distributor”) to access the Sites: (i) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Application Distributor’s terms of service; (ii) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each Application Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (iii) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the respective Application Distributor, and the Application Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the Application Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (iv) you represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (b) you are not listed on any U.S. government list of prohibited or restricted parties; (v) you must comply with applicable third-party terms of agreement when using the mobile application; and (vi) you acknowledge and agree that the Application Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each Application Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.

X. Liability Provisions, Dispute Resolution‍

‍(1) Warranties and Representations by Us

‍We make the Sites available to you – and to the public in general – on a limited basis. You agree that we have no special relationship with or fiduciary duty to you.

THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND, EXCEPT AS SET FORTH ABOVE, THE SITES ARE PROVIDED WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT OUR LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER SUCH APPLICABLE LAW.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other user content stored on our systems, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.‍‍