1. Introduction
Please read these Terms of Service as it is binding upon You by downloading and being a User of
the
Site and the App.
2. Terminology
"Agreement" refers to these Terms of Service;
"App(s)" refers to our mobile applications made available to you through Apple AppStore, Google
Play
or Android
Marketplace;
"Mehab" refers to our company, known as "Mehab, LLC"; our Site; our Service; or a combination of
all
or some of the
preceding definitions, depending on the context in which the word is used;
"Registered User" is a User who has registered an account on the Website ("Account"), has a valid
account on the
social networking service ("SNS") through which the User has connected to the Services (each
such
account, a "Third
Party Account"), or has an account with the applications provider for the User’s mobile device.
"Service" refers to the services that we provide, including our Apps, our Site, and referring you
to
third parties
that provide good and services you may be interested in;
"Site" refers to any website controlled by us where this privacy policy appears, including
www.mehab.net;
"User" refers to users of our Apps and visitors to our Site;
"You" refers to you, the person who is entering into this Agreement with Mehab.
3. What is Mehab?
Mehab is a mobile app that provides injury and post-surgical rehabilitation protocol information.
Your progress is
tracked and displayed to be able to show your healthcare professional and you, your progress.
You
are solely
responsible for how You use the App. If you experience any noticeable increase in pain or
discomfort
then You must
consult further with a medical practitioner. Mehab is not a medical care, or treatment service,
and
should not be
used in lieu of evaluation or care by a medical professional.
4. Eligibility
We are a professional medical education company and in order to access our App and Site you must:
· not be in violation of any embargoes, export controls, or other laws of the United States or
other
countries
having jurisdiction over this Agreement, Mehab, and yourself. For example, if the Office of
Foreign
Assets Control
prohibits conducting financial transactions with nationals, residents, or banks of your country,
you
must not use
our Service.
· make any purchases through our App, you must be the minimum age required to enter into a
contract
in the area in
which you reside, and, in any event, must not be less than 18 years of age.
· be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act to
use
our free App.
5. Warning
The information that we provide is based upon sound evidence, designed by licensed medical
professionals and exceeds
the current standard for home exercise programs; however, with any activity there is an inherent
risk. We highly
recommend that you consult with your healthcare professional before using our App.
6. License to Bill
Subject to your compliance with this Agreement, we grant you a limited non-exclusive,
non-transferable,
non-sublicensable, revocable license to download, install and use a copy of the App on a single
mobile device or
computer that you own or control and to run such copy of the App solely for your own personal
use.
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 (i) on an Apple-branded product that runs the
iOS
(Apple’s
proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple
App
Store Terms of
Service.
You understand that the Site, Apps and the Services are evolving. As a result, we may require you
to
accept updates
to the Site, Apps or the Services that you have installed on your computer or mobile device. You
acknowledge and
agree that we may update the Site, Apps and/or the Services with or without notifying you.
As a part of the Site, Apps or Service, you may have access to materials that are hosted by
another
party. You agree
that it is impossible for Mehab to monitor such materials and that you access these materials at
your own risk.
In order to access certain features of the Site, Apps and/or the Services you may be required to
become a Registered
User. If you access the Services through an SNS as part of the functionality of the Site, Apps
or
the Services, you
may link your Account with Third-Party Accounts, by either (i) providing your Third Party
Account
login information
to Mehab through the Site, Apps or the Services; or (ii) allowing Mehab to access your
Third-Party
Account, as is
permitted under the applicable terms and conditions that govern your use of each Third-Party
Account. You represent
that you are entitled to disclose your Third Party Account login information to Mehab and/or
grant
Mehab access to
your Third-Party Account (including, but not limited to, for use for the purposes described
herein)
without breach
by you of any of the terms and conditions that govern your use of the applicable Third-Party
Account
and without
obligating Mehab to pay any fees or making Mehab subject to any usage limitations imposed by
such
third-party
service providers. By granting Mehab access to any Third Party Accounts, you understand that
Mehab
will access, make
available and store (if applicable) any Content that you have provided to and stored in your
Third-Party Account
("SNS Content") so that it is available on and through the Site, Apps and/or Services via your
Account Unless
otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content
(as
defined below) for
all purposes of this Agreement. Depending on the Third-Party Accounts you choose and subject to
the
privacy settings
that you have set in such Third-Party Accounts, personally identifiable information that you
post to
your
Third-Party Accounts will be available on and through your Account on the Site, Apps, and
Services.
Please note that
if a Third-Party Account or associated service becomes unavailable or Mehab’s access to such
Third-Party Account is
terminated by the third-party service provider, then SNS Content will no longer be available on
and
through the
Site, Apps, and Services. You have the ability to disable the connection between your Account
and
your Third-Party
Accounts at any time by accessing the "Settings" section of the Apps. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE
THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY
YOUR
AGREEMENT(S) WITH
SUCH THIRD-PARTY SERVICE PROVIDERS. Mehab makes no effort to review any SNS Content for any
purpose,
including but
not limited to, for accuracy, legality or noninfringement and Mehab is not responsible for any
SNS
Content.
You are responsible for all activities that occur under your Account. You may not share your
Account
or password with
anyone, and you agree to (1) notify Mehab immediately of any unauthorized use of your password
or
any other breach
of security; and (2) exit from your Account at the end of each session.
You must provide all equipment and software necessary to connect to the Site, Apps and the
Services,
including but
not limited to, a mobile device that is suitable to connect with and use the Site, Apps and the
Services, in cases
where the Services offer a mobile component. You are solely responsible for any fees, including
Internet connection
or mobile fees, that you incur when accessing the Site, Apps and the Services.
7. Rules of Use
Once you are a registered User of Mehab, you must not:
- Make the Apps available to any third party or try to sell access to the Apps for money or
anything else of
value.
- Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse
compile or reverse
engineer any part of the Site, Apps or Services.
- Access the Site, Apps or Services in order to build a similar or competitive website,
application or service.
- 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 Site, Apps or Services.
- Violate the laws of the United States, its states, or any foreign political entity having
jurisdiction over this
Agreement, whether or not the foreign political entity is a country or a subdivision (such
as a
state or
province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise
objectionable.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or
otherwise violate the
rights of a third party. Basically, don’t do anything online to someone that would get you a
black eye if you
did it in real life.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our
Site,
Service, or its
Users’ computers.
- Do anything else that Mehab believes could harm us or any third party.
- Mehab, its suppliers and service providers reserve all rights not granted in the Agreement.
Any
unauthorized use
of the Site, Apps or the Services terminates the licenses granted by Mehab pursuant to this
Agreement.
8. Paid Goods
We may offer third party goods and services through our Site, Apps and Services. Please note that
all
terms
surrounding payment, order fulfillment, and refunds are covered by such third-party provider and
not
Mehab, and are
hereby incorporated into this Agreement by reference.
- Content
You acknowledge that all information, data, text, software, music, sound, photographs, graphics,
video, messages,
tags and/or other materials accessible through the Site, Apps or the Services, whether publicly
posted or privately
transmitted ("Content"), are the sole responsibility of the party from whom such Content
originated.
This means that
you, and not Mehab, are entirely responsible for all Content that you upload, post, e-mail,
transmit
or otherwise
make available ("Make Available") through the Services, Apps, or the Site ("Your Content"), and
other Users of the
Services, and not Mehab, are similarly responsible for all Content they Make Available through
the
Services, Apps,
the Software or the Site ("User Content").
You acknowledge that Mehab has no obligation to pre-screen Content (including, but not limited
to,
Your Content and
User Content), although Mehab reserves the right in its sole discretion to pre-screen, refuse or
remove any Content.
By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and
recording. 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 Mehab pre-screens,
refuses
or removes any
Content, you acknowledge that Mehab will do so for Company’s benefit, not yours. Without
limiting
the foregoing,
Mehab shall have the right to remove any Content that violates this Agreement or is otherwise
objectionable.
Unless expressly agreed to by Mehab in writing elsewhere, Mehab has no obligation to store any of
Your Content that
you Make Available on the Site, Apps or via the Services. Mehab 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 the Services. Certain Services may enable you to specify the level at which such Services
restrict access to
Your Content. You are solely responsible for applying the appropriate level of access to Your
Content. If you do not
choose, the system may default to its most permissive setting. You agree that Mehab retains the
right to create
reasonable limits on Mehab’s use and storage of the Content, including Your Content, such as
limits
on file size,
storage space, processing capacity, and similar limits described in the web pages accompanying
the
Services and as
otherwise determined by Mehab in its sole discretion.
Whenever submitting Your Content to our Sites or Apps, you agree that you are granting us a
non-exclusive, universal,
perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute,
sell,
publish, and
otherwise make use of Your Content that you submit to us. You warrant to us that you have the
right
to grant us this
right over Your Content, and that you will indemnify us for any loss resulting from a breach of
this
warranty and
defend us against claims regarding the same.
Except with respect to Your Content, you agree that you have no right or title in or to any
Content
that appears on
or in the Site, Apps or the Services, including, but not limited to, the virtual goods or
currency
appearing or
originating in any Mehab game, whether earned in a game or purchased from Mehab, or any other
attributes associated
with an account or stored on the Site, Apps or Services. Mehab prohibits and does not recognize
any
purported
transfers of virtual property effectuated outside of the Services, or the purported sale, lease,
gift or trade in
the "real world" of anything that appears or originates in the Services. Accordingly, you may
not
trade, sell or
attempt to sell in-game items or currency for "real" money, or exchange those items or currency
for
value of any
kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and will
subject your
Account to termination."
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any
forums,
comments or any
other area on the Website or the Services, you hereby expressly permit Company to identify you
by
your username
(which may be a pseudonym) as the contributor of Your Content in any publication in any form,
media
or technology
now known or later developed in connection with Your Content.
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 Mehab.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Mehab
through
its suggestion,
feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Mehab has no
obligations (including
without limitation obligations of confidentiality) with respect to such. You represent and
warrant
that you have all
rights necessary to submit the Feedback. You hereby grant to Mehab a fully-paid, royalty-free,
perpetual,
irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use,
reproduce,
perform,
display, distribute, adapt, modify, reformat, 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 the Site, Apps and the Services.
10. Third-Party Services.
The Site, Services, and Apps may contain links to third-party websites ("Third Party Websites")
and
advertisements
for third parties (collectively, "Third Party Websites & Ads"). When you click on a link to
a
Third Party
Website or Ad, we will not warn you that you have left our Site or App and are subject to the
terms
and conditions
(including privacy policies) of another website or destination. Such Third-Party Websites are
not
under the control
of Mehab. Mehab is not responsible for any Third-Party Websites & Ads. Mehab provides these
Third-Party Websites
& Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make
any
representations
with respect to Third-Party Websites & Ads, or their products or services. You use all links
in
Third-Party
Websites & Ads at your own risk. When you leave our Site or App, our terms and policies no
longer govern. You
should review applicable terms and policies, including privacy and data gathering practices, of
any
Third-Party
Websites, and should make whatever investigation you feel necessary or appropriate before
proceeding
with any
transaction with any third party.
You acknowledge and agree that the availability of the Apps and the Services is dependent on the
third party from
which you received the Application license, e.g., the Apple iPhone or Android app stores ("App
Store"). You
acknowledge that this Agreement is between you and Mehab and not with the App Store. Mehab, not
the
App Store, is
solely responsible for the Site, Services, and Apps, 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 the App or Services. You agree to comply with, and your license to use the
App is
conditioned
upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s
terms and policies)
when using the App and the Services. You acknowledge that the App Store (and its subsidiaries)
are
third party
beneficiaries of this Agreement and will have the right to enforce it.
11. Our Name
"Mehab" is a registered trademark used by us, Mehab, LLC, to uniquely identify our Site, Apps,
Service, and business.
You agree not to use this phrase anywhere without our prior written consent. Additionally, you
agree
not to use our
trade dress or copy the look and feel of our website or its design, without our prior written
consent. You agree
that this paragraph goes beyond the governing law on intellectual property law, and includes
prohibitions on any
competition that violates the provisions of this paragraph, including starting your own app.
12. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission
granted
to you under
this Agreement, at any time. You agree that if we so request, you must take immediate action to
remove any usage of
our intellectual property that you may have engaged in, or surrender it to us, even if it would
cause a loss to you.
13. Copyright Infringement
If you believe that your copyright has been infringed, send us a DMCA notice which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described
above
is not authorized
by the copyright owner (or by a third party who is legally entitled to do so on behalf of
the
copyright owner)
and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this
notification is
accurate and that you are the copyright owner or have an exclusive right in law to bring
infringement
proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at support@mehab.net
Although U.S. law does not provide for a similar procedure for trademark infringement, we
recommend
that you send us
similar information to that above in regards to any allegation of trademark infringement, and we
will address it as
soon as practicable.
14. Defamation
United States law—specifically Section 230 of the Communications Decency Act—creates a defense
for us
for the actions
of third parties in regards to any defamatory content posted on our website. Although we are not
liable for
defamatory words posted on our website by our Users even if given notice, we do prohibit
defamation
under this
Agreement and we may, if we believe the situation warrants it, take action against the offending
User. Please notify
us at support@Mehab.com if any of our Users have posted anything that you believe is defamatory.
15. Representations & Warranties; Limits on our Liability
We make no representations or warranties as to the merchantability of our service for any
particular
purpose. You
agree that you are releasing us from any liability that we may otherwise have to you in relation
to
or arising from
this agreement or our services, for reasons including, but not limited to, failure of our
service,
negligence, or
any other tort. To the extent that applicable law restricts this release of liability, you agree
that we are only
liable to you for the minimum amount of damages that the law restricts our liability to if such
a
minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use
our
services,
including but not limited to people who commit intellectual property infringement, defamation,
tortious interference
with economic relations, or any other actionable conduct towards you.
We are not responsible for any failure of a third party to fulfill their commitments to you.
We are not liable for any failure of the goods or services of our company or a third party,
including
any failures or
disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our
website which
prevents access to our website temporarily or permanently.
Mehab does not offer any medical diagnosis. Any content accessed through the site, apps or
services
are for
informational and educational purposes only and are not intended to diagnose a medical
condition.
The content should
not be used during a medical emergency or for the diagnosis of any medical condition. Please
consult
your doctor or
other qualified health care provider if you have any questions about a medical condition, or
before
taking any drug,
changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or
delay
obtaining
professional medical advice because of information accessed through the site, apps or services.
Call
911 (or
equivalent emergency service telephone number) or your doctor for all medical emergencies.
The provision of our service to you is contingent on your agreement with this and all other
sections
of this
agreement. Nothing in the provisions of this "representations & warranties" section shall be
construed to limit
the generality of the first paragraph of this section.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of
these
terms, if your
jurisdiction has provisions specific to waiver or liability that conflict with the above then
our
liability is
limited to the smallest extent possible by law. Specifically, in those jurisdictions not
allowed, we
do not disclaim
liability for: (a) death or personal injury caused by its negligence or that of any of its
officers,
employees or
agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to
exclude
either now or in
the future.
You understand and agree that in no event shall Mehab be liable for any indirect, incidental,
special, exemplary, or
consequential damages arising out of or in connection with the site, apps, the services or the
site
content,
including, without limitation, any damages resulting from loss of use, data, or profits, whether
or
not company has
been advised of the possibility of such damages, or for any damages for personal or bodily
injury or
emotional
distress arising out of or in connection with these terms, or from any communications,
interactions
or meetings with
other users of the site, the apps or the services, on any theory of liability, resulting from:
(1)
the use or
inability to use the site, the apps or the services; (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 the site, the apps or the services; (3) unauthorized access to or
alteration of
your
transmissions or data; (4) statements or conduct of any third party on the site, apps or the
services; or (5) any
other matter related to the site, apps or the services, whether based on warranty, copyright,
contract, tort
(including negligence), product liability or any other legal theory.
Under no circumstances will Mehab be liable to you for more than the amount received by Mehab as
a
result of your use
of the site, apps and the services. If you have not paid Mehab any amounts, Mehab’s sole and
exclusive liability
shall be limited to fifty dollars ($50).
The limitations of damages set forth above are fundamental elements of the basis of the bargain
between Mehab and
you.
If you are a resident of a jurisdiction that requires a specific statement regarding release then
the
following
applies. California residents, must, as a condition of this agreement, waive the applicability
of
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 or her favor at the time of executing the release, which if known by him
or
her must have
materially affected his or her settlement with the debtor." you hereby waive this section
of
the California
civil code. You hereby waive any similar provision in law, regulation, or code that has the same
intent or effect as
the aforementioned release.
16. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may
arise
from or relate
to this Agreement or the provision of our service to you, including any damages caused by your
use
of our website or
acceptance of the offers contained on it. You also agree that you have a duty to defend us
against
such claims and
we may require you to pay for an attorney(s) of our choice in such cases. You agree that this
indemnity extends to
requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the
event of a claim
such as one described in this paragraph, we may elect to settle with the party/parties making
the
claim, and you
shall be liable for the damages as though we had proceeded with a trial.
17. Litigation
This Agreement shall be governed by the laws in force in the State of Pennsylvania. The offer and
acceptance of this
contract are deemed to have occurred in the State of Pennsylvania.
You agree that any dispute arising from or relating to this Agreement will be heard in the lowest
civil court in the
State of Pennsylvania ("Small Claims Court").
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard
by
the Small Claims
Court, you agree not to bring the other claims against us and to instead proceed within the
Small
Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the
Small
Claims Court, you
agree to waive your right to collect any damages in excess of the monetary jurisdiction and
instead
still bring your
claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be
entitled
to an additional
or alternative remedy in a higher court, such as injunctive relief, you will waive your right to
that remedy and
still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we
may
move to have it
dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and
disbursements in
doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement
will
be responsible
for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and
disbursements.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible
for,
if it is the
result of events beyond our control, including, but not limited to, acts of God, war,
insurrection,
riots,
terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal
disruption,
communication disruption, failure or shortage of infrastructure, shortage of materials, or any
other
event beyond
our control.
19. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another
provision of the
Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been
entered into without
that unenforceable provision being included in it.
20. Non-Waiver
Mehab reserves all rights afforded to us under this Agreement as well as under the provisions of
any
applicable law.
Our non-enforcement of any particular provision or provisions of this Agreement or any
applicable
law should not be
construed as our waiver of the right to enforce that same provision under the same or different
circumstances at any
time in the future.
21. Termination
We may terminate your account or access as well as access to our Site, Apps, and Service to you
at
our discretion
without explanation, though we will strive to provide a timely explanation in most cases. Under
no
circumstances,
including termination or cancellation of our Service to you, will we be liable for any losses
related to the actions
of other Users.
22. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without
our
prior written
consent. We may assign our rights and/or obligations under this Agreement to any other party at
our
discretion.
23. Amendments
We may amend this Agreement periodically. Any amendments will be posted. Your agreement to those
changes will be
through your continued use of our Service. If you do not agree to the changes, you must cease
using
our Site and
Service immediately and inform us of your non-agreement with sufficient information to identify
your
account at
support@mehab.net so that we may disable your account.
24. Downloading Apps from iTunes.
The following applies to any App accessed through or downloaded from the Apple App Store ("App
Store
Sourced
Application"):
(a) You acknowledge and agree that (i) these Terms are concluded between you and Mehab only, and
not
Apple, and (ii)
Mehab, 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.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support
services with
respect to the App Store Sourced Application.
(c) 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 Mehab 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 Mehab.
(d) You and Mehab acknowledge that, as between Mehab 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.
(e) You and Mehab 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 Mehab and Apple, Mehab, 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 these Terms.
(f) You and Mehab acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of these
Terms as related to your license of the App Store Sourced Application, and that, upon your
acceptance of the terms
and conditions of these Terms, Apple will have the right (and will be deemed to have accepted
the
right) to enforce
these Terms as related to your license of the App Store Sourced Application against you as a
third-party beneficiary
thereof.
(g) Without limiting any other terms of these Terms, you must comply with all applicable
third-party
terms of
agreement when using the App Store Sourced Application.
25. Consumer Complaints
In accordance with the Pennsylvania Civil code, you may report complaints
to the Bureau of
Consumer Protection, 15th Floor, Strawberry Square, Harrisburg, PA 17120, or by telephone at
(800) 441-2555.