T&C’s

Terms of Use

AirWire Terms of Use

WELCOME TO THE JAI CONCIERGE APP! AirWire Technologies (“AirWire”) provides a personal concierge mobile application (“App”) to help users to manage daily activities by keeping track of users’ schedules, car, to-do list, weather, and more. These Terms of Use (the “Terms of Use”) govern your use of the version of the AirWire services and resources available or enabled via our App (the “Services”). In addition to the Terms of Use, please read our Privacy Policy to learn more about on how your submitted content and information is handled by AirWire.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AIRWIRE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS APP OR THE SERVICES.

PLEASE ONLY USE THE VOICE COMMANDS OF THE APP WHILE DRIVING AS IT MAY DISTRACT THE DRIVER. WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY ACCIDENTS CAUSED WHILE USING THIS APP.

THE APP IS NOT A REPLACEMENT FOR TRADITIONAL TWO-WAY TELEPHONE OR MOBILE PHONE SERVICE, AND DOES NOT FUNCTION AS SUCH. YOU ACKNOWLEDGE THAT YOU CANNOT USE THE APP TO ACCESS EMERGENCY SERVICES, SUCH AS 911. THE APP IS NOT DESIGNED OR INTENDED TO BE USED TO SEND OR RECEIVE EMERGENCY COMMUNICATIONS TO ANY POLICE, FIRE DEPARTMENT, HOSPITAL, OR ANY OTHER SERVICE THAT CONNECTS A USER TO A PUBLIC SAFETY ANSWERING POINT. YOU SHOULD ENSURE YOU CAN CONTACT YOUR RELEVANT EMERGENCY SERVICES PROVIDERS THROUGH A MOBILE, LANDLINE TELEPHONE, OR OTHER SERVICE.

PLEASE BE AWARE THAT SECTION 16 OF THESE TERMS OF USE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

NOTICE OF AUTO-RENEWAL: IF YOU PURCHASE A SUBSCRIPTION THROUGH THE SERVICE FOR AN INITIAL PERIOD (SUCH AS A MONTHLY OR ANNUAL SUBSCRIPTION), THEN THESE TERMS OF USE WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL PERIOD AT AIRWIRE’S THEN-CURRENT FEE FOR SUCH SUBSCRIPTION, UNLESS YOU OPT-OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH THESE TERMS OF USE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY AIRWIRE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AirWire will make a new copy of the Terms of Use available in the App and any new Supplemental Terms will be made available from within, or through, the affected Service on the App. We will also update the “Last Updated” date at the top of the Terms of Use. If we make material changes to the Terms of Use, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2.1) or another manner through the Service (which may include posting an announcement on our App). AirWire may require you to provide consent to the updated Agreement in a specified manner before further use of the App and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the App and/or the Services. Otherwise, your continued use of the App and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE APP TO VIEW THE THEN-CURRENT TERMS.

USE OF THE SERVICES AND AIRWIRE PROPERTIES. The App and the Services, and the information and content available on the App and the Services (as these terms are defined herein) (each, a “AirWire Property” and collectively, the “AirWire Properties”) are protected by U.S. copyright laws. Subject to the Agreement, AirWire grants you a limited license to reproduce portions of AirWire Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by AirWire in a separate license, your right to use any and all AirWire Properties is subject to the Agreement.

App License. Subject to your compliance with the Agreement, AirWire grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
Updates. You understand that AirWire Properties are evolving. As a result, AirWire may require you to accept updates to AirWire Properties that you have installed on your mobile device. You acknowledge and agree that AirWire may update AirWire Properties with or without notifying you. You may need to update third-party software from time to time in order to use AirWire Properties.
Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit AirWire Properties or any portion of AirWire Properties, including the App, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other AirWire Properties (including images, text, page layout or form) of AirWire; (c) you shall not use any metatags or other “hidden text” using AirWire’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of AirWire Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the App (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access AirWire Properties in order to build a similar or competitive App or service; (g) except as expressly stated herein, no part of AirWire Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in AirWire Properties. Any future release, update or other addition to AirWire Properties shall be subject to the Agreement. AirWire, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any AirWire Property terminates the licenses granted by AirWire pursuant to the Agreement.
App Interactions. You can control the App with your voice. You understand and acknowledge that if you use your voice to control the App, the App records and sends audio to the cloud when you interact with the App. AirWire processes and retains your App interactions, such as your voice inputs, and your to-do and shopping lists, in the cloud to provide, personalize, and improve our Services.

REGISTRATION.

Registering Your Account. In order to access certain features of AirWire Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the App (“Account”).
Registration Data. In registering an account on the App, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least sixteen (16) years old; (m) of legal age to form a binding contract; and (n) not a person barred from using AirWire Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of AirWire Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify AirWire immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or AirWire has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, AirWire has the right to suspend or terminate your Account and refuse any and all current or future use of AirWire Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. You agree not to create an Account or use AirWire Properties if you have been previously removed by AirWire, or if you have been previously banned from any of AirWire Properties.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of AirWire. AirWire reserves the right to terminate your Account if it has been inactive for thirty (30) days.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to AirWire Properties, including but not limited to, a mobile device that is suitable to connect with and use AirWire Properties.

RESPONSIBILITY FOR CONTENT.

Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags and/or other materials (collectively, “Content”), including AirWire Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not AirWire, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through AirWire Properties (“Your Content”), and that you and other Registered Users of AirWire Properties, and not AirWire, are similarly responsible for all Content that you and they Make Available through AirWire Properties (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that AirWire has no obligation to pre-screen Content (including, but not limited to, User Content), although AirWire reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that AirWire pre-screens, refuses or removes any Content, you acknowledge that AirWire will do so for AirWire’s benefit, not yours. Without limiting the foregoing, AirWire shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Storage. Unless expressly agreed to by AirWire in writing elsewhere, AirWire has no obligation to store any of Your Content that you Make Available on AirWire Properties. AirWire has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of AirWire Properties.
Fees.

Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide AirWire with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) to make any purchases through the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities. By providing AirWire with your credit card number and associated payment information, you agree that AirWire may authorize the Payment Provider to immediately charge you for all amounts due and payable with no notice or consent to you. You agree to immediately notify AirWire of any change in your billing address or the credit card used for payment hereunder. In the event that your credit card expires or AirWire, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. AirWire reserves the right to cancel the request if: (i) your payment method is declined; or (ii) you have been previously banned or removed from the AirWire Properties for any reason. AirWire reserves the right at any time to change its prices and billing methods, either immediately upon posting on the AirWire Properties or by e-mail delivery to you.
Third Party Payment Processor. AirWire may use Stripe, Inc. (“Stripe”) as its third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By using the Services, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize AirWire and Stripe to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions. By making reservations on the Services, you also agree to be bound by Stripe’s Seller Terms: https://stripe.com/ssa.
Taxes. Users will be liable for any taxes required to be paid on the Services provided under the Agreement.
Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: AirWire Technologies, 9670 Gateway Drive, Reno, NV 89521.

AUTOMATIC RENEWAL

Subscription. AirWire charges a subscription fee (the “Subscription Fee”) for a subscription to the App (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis (depending on the type of subscription plan offered by AirWire and that you have selected when purchasing a Subscription) and commence on the date you first start your Subscription. Once you have purchased a Subscription, your Subscription will continue indefinitely until terminated in accordance with this Agreement and you will be charged AirWire’s then-current Subscription Fees at the commencement of each Billing Cycle.
Cancellation. You may cancel your Subscription renewal through your Account by deleting your Account or by contacting us at: termsofuse@airwiretech.com prior to the end of the then-current Billing Cycle. If you cancel your Subscription, you may use your Subscription until the end of the current Billing Cycle and your Subscription will not be renewed after the then-current Billing Cycle ends. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current Billing Cycle. Please note, deleting the App will not automatically terminate the Subscription. Please follow the instructions set forth herein to cancel your subscription.
Subscription Fee Payment. By submitting your payment information, you authorize us to charge you or your Payment Provider for all Subscription Fees incurred through your Account at the beginning of each Billing Cycle. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Cycle as indicated on the invoice. If AirWire does not receive payment from you, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that AirWire may either terminate or suspend your Subscription and continue to attempt to charge you or your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
Free Trials. Any free trial or other promotion to the Service must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable Subscription Fee. If you are inadvertently charged for a Subscription, please contact AirWire to have the charges reversed.

OWNERSHIP.

AirWire Properties. Except with respect to Your Content and User Content, you agree that AirWire and its suppliers own all rights, title and interest in AirWire Properties (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, moral rights, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any AirWire Properties.
Trademarks. AirWire and all related graphics, logos, service marks and trade names used on or in connection with any AirWire Properties or in connection with the Services are the trademarks of AirWire and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in AirWire Properties are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in AirWire Properties.
Your Content. AirWire does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in AirWire Properties, you grant AirWire a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, host, display, publish, license, distribute, reproduce, modify and adapt Your Content (in whole or in part) for the purposes of operating, providing, developing and improving AirWire Properties to you and to our other Registered Users; as well as researching and developing new Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not AirWire, are responsible for all of Your Content that you Make Available on or in AirWire Properties.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to AirWire through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that AirWire has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to AirWire a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of AirWire Properties and/or AirWire’s business.

USER CONDUCT.

Cheating and Hacking. You agree that you will not, under any circumstances:

Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any AirWire Properties;
Interfere with or damage AirWire Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
Modify or cause to be modified any files that are a part of AirWire Properties;
Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support AirWire Properties; or (ii) the enjoyment of AirWire Properties by any other person;
Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon AirWire Properties, or other attempts to disrupt AirWire Properties or any other person’s use or enjoyment of AirWire Properties;
Attempt to gain unauthorized access to AirWire Properties, accounts registered to others, or to the computers, servers or networks connected to AirWire Properties by any means other than the user interface provided by AirWire, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of AirWire Properties;
Access, tamper with or use non-public areas of AirWire Properties, AirWire’s computer systems, or the technical delivery systems of AirWire’s providers;
Attempt to probe, scan, or test the vulnerability of any AirWire system or network, or breach any security or authentication measures;
Disrupt or interfere with the security of, or otherwise cause harm to, AirWire Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through AirWire Properties or any affiliated or linked sites; or
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AirWire or any of AirWire’s providers or any other third party (including another user) to protect AirWire Properties.

Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement):

Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of AirWire Properties (including your Account), or access to or use of AirWire Properties;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with any AirWire Property;
Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with AirWire Properties; or
Market any goods or services for any business purposes on or in connection with any AirWire Properties.

General. In connection with your use of AirWire Properties, you shall not:

Make Available any Content that, in AirWire’s sole discretion, (i) is unlawful, tortious, defamatory, vulgar, pornographic, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, AirWire personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself;
Stalk or otherwise harass, bully or intimidate any other user of our AirWire Properties; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

INVESTIGATIONS. AirWire may, but is not obligated to, monitor or review AirWire Properties and Content at any time. Without limiting the foregoing, AirWire shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although AirWire does not generally monitor user activity occurring in connection with AirWire Properties or Content, if AirWire becomes aware of any possible violations by you of any provision of the Agreement, AirWire reserves the right to investigate such violations, and AirWire may, at its sole discretion, immediately terminate your license to use AirWire Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
INTERACTIONS WITH OTHER USERS.

User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that AirWire reserves the right, but has no obligation, to intercede in such disputes. You agree that AirWire will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users. AirWire Properties may contain User Content provided by other Registered Users. AirWire is not responsible for and does not control User Content. AirWire has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Registered Users at your own risk.

THIRD-PARTY SERVICES.

Third-Party Providers. The Services may include links to third-party products, services, and websites, as well as materials provided by third parties or public sources, and may include functionality that allows for the distribution of your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using the Service, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control.
App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store (the “App Store”). You acknowledge that the Agreement is between you and AirWire and not with the App Store. AirWire, not the App Store, is solely responsible for AirWire Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with AirWire Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any AirWire Property, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Advertising Revenue. AirWire reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that AirWire has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by AirWire as a result of such advertising).

Indemnification. You agree to indemnify and hold AirWire, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “AirWire Party” and collectively, the “AirWire Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any AirWire Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. AirWire reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AirWire in asserting any available defenses. This provision does not require you to indemnify any of the AirWire Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to AirWire Properties.
DISCLAIMER OF WARRANTIES AND CONDITIONS.

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF AIRWIRE PROPERTIES IS AT YOUR SOLE RISK, AND AIRWIRE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. AIRWIRE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE SERVICES ARE PRE-PRODUCTION AND HAVE NOT BEEN COMPLETELY TESTED IN ALL SITUATIONS.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT AIRWIRE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AIRWIRE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD-PARTY PROVIDERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. AIRWIRE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AIRWIRE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH AIRWIRE PROPERTIES.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF AIRWIRE PROPERTIES. YOU UNDERSTAND THAT AIRWIRE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF AIRWIRE PROPERTIES. AIRWIRE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF AIRWIRE PROPERTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF AIRWIRE PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF AIRWIRE PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

LIMITATION OF LIABILITY.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AIRWIRE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AIRWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF AIRWIRE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AIRWIRE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AIRWIRE PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AIRWIRE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AIRWIRE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A AIRWIRE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A AIRWIRE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A AIRWIRE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL AIRWIRE BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO AIRWIRE BY USER DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AIRWIRE FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AIRWIRE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AIRWIRE’S FRAUD OR FRAUDULENT MISREPRESENTATION.
User Content. EXCEPT FOR AIRWIRE’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE AIRWIRE’S PRIVACY POLICY, AIRWIRE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRWIRE AND YOU.

REMEDIES.

Violations. If AirWire becomes aware of any possible violations by you of the Agreement, AirWire reserves the right to investigate such violations. If, as a result of the investigation, AirWire believes that criminal activity has occurred, AirWire reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. AirWire is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in AirWire Properties, including Your Content, in AirWire’s possession in connection with your use of AirWire Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of AirWire, its Registered Users or the public, and all enforcement or other government officials, as AirWire in its sole discretion believes to be necessary or appropriate.
Breach. In the event that AirWire determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for AirWire Properties, AirWire reserves the right to:

Warn you via e-mail (to any e-mail address you have provided to AirWire) that you have violated the Agreement;
Delete any of Your Content provided by you or your agent(s) to AirWire Properties;
Discontinue your registration(s) with any of AirWire Properties, including any Services or any AirWire community;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which AirWire deems to be appropriate.

TERM AND TERMINATION.

Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use AirWire Properties, unless terminated earlier in accordance with the Agreement.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used AirWire Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any AirWire Properties, unless earlier terminated in accordance with the Agreement.
Termination of Services by AirWire. If you have materially breached any provision of the Agreement, or if AirWire is required to do so by law (e.g., where the provision of the App, the Software or the Services is, or becomes, unlawful), AirWire has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in AirWire’s sole discretion and that AirWire shall not be liable to you or any third party for any termination of your Account.
Termination of Services by You. If you want to terminate the Services provided by AirWire, you may do so by closing your Account for all of the Services that you use.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. AirWire will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Registration. If your registration(s) with or ability to access AirWire Properties, or any other AirWire community is discontinued by AirWire due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access AirWire Properties or any AirWire community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those AirWire Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, AirWire reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with AirWire and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the App, to any products sold or distributed through the App, or to any aspect of your relationship with AirWire, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or AirWire may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AirWire Technologies, 9670 Gateway drive, Reno NV 89521, Attn: Legal. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, AirWire will pay them for you. In addition, AirWire will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and AirWire. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND AIRWIRE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AirWire are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Nevada. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: optout@airwiretech.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your AirWire username (if any), the email address you used to set up your AirWire account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in subsection 16.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with AirWire.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if AirWire makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing AirWire at the following address: optout@airwiretech.com Attn: Legal.

GENERAL PROVISIONS.

Electronic Communications. The communications between you and AirWire may take place via electronic means, whether you visit AirWire Properties or send AirWire e-mails, or whether AirWire posts notices on AirWire Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from AirWire in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AirWire provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release AirWire Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of AirWire Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of AirWire Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a AirWire Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App or any Services provided hereunder.
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AirWire’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. AirWire shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to AirWire Properties, please contact us at: termsofuse@airwiretech.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and AirWire agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Reno, Nevada.
Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF [NEVADA], CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Notice. Where AirWire requires that you provide an e-mail address, you are responsible for providing AirWire with your most current e-mail address. In the event that the last e-mail address you provided to AirWire is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, AirWire’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to AirWire at the following address: AirWire Technologies, 9670 Gateway Drive, Reno, NV 89521 Attn: Legal. Such notice shall be deemed given when received by AirWire by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (i) the Agreement is concluded between you and AirWire only, and not Apple, and (ii) AirWire, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between AirWire and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AirWire.
You and AirWire acknowledge that, as between AirWire and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and AirWire acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between AirWire and Apple, AirWire, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and AirWire acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.