Effective Date: May 14th, 2020
(B) You or the entity on whose behalf you access the Services may have a separate commercial agreement with MoveDesk. To the extent such separate commercial agreement conflicts with these Terms, then the separate agreement will govern.
(C) THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
(a) Services We Provide. Our Services connect Service Customers to Service Providers in a variety of fields. We help Service Customers find, coordinate with, and collaborate with Service Providers for advice, support, or procuring their services. The Services may also enable Service Providers to connect to each other for advice, support, documentation or collaboration on a project.
Service Providers may also provide a guided do-it-yourself service that allows Service Customers to speak to, or to have a video conference with, a Service Provider, who can provide on-demand assistance for your selected issue (e.g., home improvement, repairs, IT services, etc.) (“Remote Advice”).
(b) Disclaimer. While the Services allow Service Customers to access Remote Advice and the services of Service Providers, MoveDesk does not in any way create, sell, resell, provide, control, manage, offer, oversee, direct, deliver, supply or endorse any Remote Advice or other services provided to Service Customers by a Service Provider, nor any third party linking to or connecting you with Service Providers. Service Providers provide Remote Advice directly and assume responsibility for all aspects of the Remote Advice except as expressly stated herein. MoveDesk makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Remote Advice or information provided through the Remote Advice. MoveDesk may screen Service Providers, but it is under no obligation to do so, and you should exercise caution and common sense to protect personal safety and property when interacting with Service Providers. You are responsible for your compliance with applicable laws.
(c) Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (“Third Party Materials”). These Third Party Materials are not owned or controlled by MoveDesk. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by MoveDesk.
(a) Consent. You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
(b) BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY MOVEDESK, SERVICE PROVIDERS, AND COMPANIES THAT RECEIVE YOUR SERVICE REQUEST. YOU CONSENT TO BE CONTACTED BY VIDEO CALL, VIDEO STREAMING, TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED, OR AUTODIALED TELEMARKETING MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING SERVICES, SERVICE PROVIDER PRODUCTS OR SERVICES YOU HAVE REQUESTED, MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.
- LICENSE GRANT
(a) Grant of Limited License to Service Customers. Subject to your compliance with these Terms, we hereby grant you, as a Service Customer, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
- INTELLECTUAL PROPERTY RIGHTS
(a) MoveDesk Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information (“Materials”) are the property of MoveDesk, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
(b) Third-Party Intellectual Property. All non-MoveDesk trademarks, product names and logos appearing on our Services are property of their respective owners.
(c) Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to MoveDesk at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: MoveDesk Legal Department
113 Cherry St. #11685,
Seattle, WA 98104
- ACCEPTABLE USE POLICIES
(a) No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
(b) No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that MoveDesk does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Service Customers or Service Provider for any purpose.
(c) No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm MoveDesk, its service providers, suppliers, other Service Customers or any other person.
(d) Security of Account. You will not disclose your password to anyone, and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
(e) You Are Responsible for Video Streams. The Services may permit you to submit videos, photos and other data. You are solely responsible for your submission, participation in a video stream, and the consequences of submitting it. For example, if you provide a video or photos to a Service Provider in the process of obtaining advice from that Service Provider, you (and not MoveDesk) are solely responsible for those photos or video streaming interaction. You acknowledge and agree that MoveDesk has no obligation or ability to pre-screen your or any other person’s submissions.
(f) False Information. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to others (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for MoveDesk and its service providers and partners. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO MOVEDESK AND EACH SERVICE PROVIDER OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION OR ADVICE DURING THE VIDEO STREAM.
(g) Do Not Post, Record, or Live Video Stream Illegal, Infringing, or Harmful Content. You agree that you are the exclusive owner of all rights to your submissions and recorded streams and such rights have not been assigned or encumbered. You represent and warrant that you will not to post, submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. You further represent and warrant not to post, submit or link to any submissions or recorded or live video material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by MoveDesk.
(h) Do Not Live Video Stream, Record, or Post Improper Content. You agree not to live video stream, record video, post, submit or link to any user submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates illegal gambling, gaming, or lotteries.
(i) Reviews of Service Provider. Service Customers may be able to rate a Service Provider’s performance of services or quality of advice within the Movedesk product. MoveDesk is not obligated to monitor, change or control such ratings. Service Customers agree to avoid inappropriate, obscene or discriminatory language in rating Service Provider.
(j) Review of Your Video & Photo Submissions. We do not approve, control or endorse your or anyone else’s submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify submissions for any reason, at our sole discretion.
(k) Service Customers Suggestions. If you elect to provide or make available to MoveDesk any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), MoveDesk will be free to use, disclose, reproduce, make, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
- FEES AND PAYMENT
(a) Service Provider Charges. While MoveDesk does not currently charge Service Customers for using the Services, your use of the on-demand Services may result in charges from Service Providers for the services they provide (“Service Provider Charges”). We encourage you to clarify all Service Provider Charges prior to receiving any services from a Service Provider. While the Services may relay Service Providers’ quotes or stated pricing, MoveDesk in no way guarantees their accuracy and disclaims any liability therefrom. The Services do not, and are not intended to, provide a mechanism for Service Customers to pay Service Providers; you may not share payment or billing info via the Services. You acknowledge and agree that your purchase of services and products from a Service Provider is a transaction between you and that Service Provider and not with MoveDesk.
YOU ACKNOWLEDGE AND AGREE THAT MOVEDESK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICES.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE MOVEDESK, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “MOVEDESK PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, MOVEDESK, SERVICE PROVIDERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
IN PARTICULAR, NEITHER MOVEDESK NOR ITS AGENTS OR AFFILIATES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY SERVICE PROVIDER, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE MOVEDESK IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES BETWEEN YOU AND A SERVICE PROVIDER, EXCEPT AS SET FORTH IN SECTION 12(A), SUCH DISPUTE IS SOLELY BETWEEN SUCH PARTIES, AND NOT MOVEDESK. YOU HEREBY RELEASE MOVEDESK (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY MOVEDESK AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- WARRANTY DISCLAIMER
MoveDesk makes no representation or warranty about the accuracy or suitability of the content or comments during a video stream or other information displayed on the SERVICES or provided through the Services. We use good faith efforts to promptly update any incorrect information displayed on the SERVICES, when we are notified or otherwise become aware of such inaccuracy.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOVEDESK PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH MOVEDESK, SERVICE PROVIDERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
- LIMITATION OF LIABILITY
IN NO EVENT WILL THE MOVEDESK PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, MOVEDESK, SERVICE PROVIDERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MOVEDESK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MOVEDESK PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, (B) YOUR USE OF, OR TRANSACTIONS WITH, MOVEDESK, SERVICE PROVIDERS OR OTHER THIRD PARTIES, OR (C) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. MOVEDESK RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH MOVEDESK IN ASSERTING ANY AVAILABLE DEFENSES.
(a) Resolving Disputes. We do not expect that SERVICE CUSTOMERS will have disputes with SERVICE PROVIDERS. However, if a dispute with any Service Provider should arise, Movedesk reserves the right in its sole discretion to attempt to resolve any such dispute. SERVICE CUSTOMERS agree that prior to taking any legal action against a Service Provider, THEY will provide Movedesk 30 days’ written notice and, AT MOVEDESK’S ELECTION, MoveDesk May ATTEMPT IN GOOD FAITH TO RESOLVE SUCH dispute. you agree that MoveDesk shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Portland, Oregon. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) Class Action Waiver. ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
(d) Governing Law. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MULTNOMAH COUNTY, OREGON. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
(e) Injunctive Relief. Notwithstanding anything to the contrary, you and MoveDesk may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
(a) Dormant Accounts. If an account remains inactive for one year or more, MoveDesk reserves the right to terminate the account.
(b) Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with MoveDesk’s prior written consent, but may be assigned by MoveDesk without restriction and without notice to you.
(c) Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
(e) Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MoveDesk’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
(f) Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
(g) Changes to Terms. We may modify these Terms at any time by posting a revised version; any changes to the Terms will be effective immediately on posting. Please review the Terms regularly as your continued use of the Services constitutes acceptance of any changes. You waive any right you have to receive specific notice of changes to the Terms. Unless we provide you with specific notice, no changes to our Terms will apply retroactively. WE MAY MODIFY THESE TERMS AT ANY TIME BY POSTING A REVISED VERSION.
(h) Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to suspend or terminate your access to and use of the Services, in whole or in part, and to block or prevent your future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).
(k) Attorney Fees. If any of the MoveDesk Parties take legal action against you as a result of your violation of these Terms and the MoveDesk Parties are the prevailing party, the MoveDesk Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the MoveDesk Parties.
(l) Contact Us. If you have questions about these Terms, please contact us by email at email@example.com or write at 113 Cherry St. #11685, Seattle, WA 98104.
ADDITIONAL TERMS FOR iOS APPS
The following additional terms apply if you access or use the Services through an Apple iOS product:
(a) Acknowledgement. MoveDesk and you acknowledge that these Terms are concluded between MoveDesk and you only, and not with Apple, and MoveDesk, not Apple, is solely responsible for the Services and the content thereof.
(b) Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c) Maintenance and Support. As between Apple and MoveDesk, MoveDesk is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. MoveDesk and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
(d) Warranty. As between Apple and MoveDesk, MoveDesk is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MoveDesk’s sole responsibility.
(e) Product Claims. MoveDesk and you acknowledge that MoveDesk, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. MoveDesk and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, MoveDesk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer Name and Address. MoveDesk may be contacted at 113 Cherry St. #11685, Seattle, WA 98104 or firstname.lastname@example.org in connection with any questions, complaints or claims with respect to the Services.
(i) Third-Party Beneficiary. MoveDesk and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.