UASidekick TERMS OF SERVICE AGREEMENT

LAST UPDATED: NOVEMBER 28, 2022

1. AGREEMENT. UASidekick INC, including UASidekick INC’s subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, (collectively “UASidekick”, “we”, “us” or “our”) welcomes you to UASidekick INC, and the web and mobile software application (the “App” or ”Apps”) and www.UASidekick.com website (the “Website”). These terms and conditions of service (collectively, with UASidekick’s Privacy Policy, located at www.UASidekick.com, and the “Terms of Service” or “Agreement”) govern your use of the App, Website, services, features, or content operated by UASidekick, and any successor application(s) thereto (together with the App, collectively referred to as the “Services”), and provided to the Subscriber (the “Subscriber”, “user”, “sub-user”, “you” or “your”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by UASidekick through the Services or otherwise made available to you by UASidekick. You may use the Services only if you agree to form a binding contract with UASidekick and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. Your use of the Services (as defined below) constitutes your consent to this Terms of Service. Please read these Terms of Service (the “Agreement”) carefully. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time.  We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
2. USE OF SERVICES.  You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. Even though we strive to provide the best services and content possible, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, content that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. You are solely responsible for the safe and legal operation of any drone or unmanned aerial vehicle (collectively, “UAV”).  It is your responsibility to exercise reasonable judgment when evaluating whether or not it is safe or legal to operate a UAV at a given time or place.  You are responsible for consulting with official sources and complying with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of UAVs. Any and all airspace maps, airspace data, flight restrictions or any data provided through the Services (a) may contain inaccuracies and are provided for informational purposes only, (b) do not constitute an official aeronautical source, (c) are not exhaustive and (d) may not be updated regularly or monitored for compliance.  Even though the Services may designate a map area as open or free of flight restrictions, this does not mean that we recommend that area for drone flight and we cannot guarantee that you may legally operate your UAV within that area. The Services are not intended for use in, and you may not use the Services for, the operation of manned aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the Services could lead to death, personal injury, or severe physical or environmental damage.
3. PRIVACY. UASidekick’s Privacy Policy, located at www.uasidekick.com (the “Privacy Policy”) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the United States and/or to other countries for display, processing and use by UASidekick and its affiliates. You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.
4. JURISTICTION. These Terms and Conditions are governed by the laws of the United States and will be interpreted in accordance with the US courts. The US courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions. The Services may not be appropriate or available for use in non-U.S. jurisdictions.
5. CONDUCT RULES. Any accounts and related accounts engaging in the activities specified below may be temporarily locked and/or subject to permanent suspension. (A.) Violent threats (direct or indirect): You may not make threats of violence or promote violence, including threatening or promoting terrorism. (B.) Harassment: You may not incite or engage in the targeted abuse or harassment of others. Some of the factors that we may consider when evaluating abusive behavior include: if a primary purpose of the reported account is to harass or send abusive messages to others; if the reported behavior is one-sided or includes threats; if the reported account is inciting others to harass another account; and if the reported account is sending harassing messages to an account from multiple accounts.  (C.) Hateful conduct: You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories.  (D.) Multiple account abuse: Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of a separate account is not allowed.  (E.) Private information: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address, or Social Security/National Identity numbers, without their express authorization and permission. In addition, you may not post intimate photos or videos that were taken or distributed without the subject’s consent.  (F.) Protected Material: You may not post, transmit or otherwise make available through or in connection with the Services any materials that are or may be protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.  (G.) Destructive Coding: You may not post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).  (H.) Other Activity Not Allowed: use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Services. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks. Restrict or inhibit any other person from using the Services. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without UASidekick’s express prior written consent. Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law. Remove any copyright, trademark or other proprietary rights notice from the Services. Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without UASidekick’s express prior written consent. Systematically download and store Service content. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content or reproduce or circumvent the navigational structure or presentation of the Services, without UASidekick’s express prior written consent. Subscriber, and its third party suppliers, reserves the right to take additional security measures such as adding watermarks to the Data that must be maintained as part of the Data.  Licensor considers such security measures confidential business information subject to trade secret protection, and the confidentiality provisions listed in this Agreement, and as such is not required to disclose to the subscriber the specifics of its security measures.  Subscriber may not under any circumstances, knowingly remove any security measures from the Data. If Subscriber knowingly remove any security measures from the Data, it will be considered a breach of this Agreement which would be grounds for termination of Services to that Subscriber.
6. DATA SERVCIES. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
7. ADVERTISING AND PRODUCTS. The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by UASidekick or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Services of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
8. REGISTRATION. You may need to register to use all or part of the Services. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not UASidekick, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
9. PROFILE AND FORUM. Service visitors may make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the SERVICES’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. UASidekick has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
10. SUBMISSION OWNERSHIP. For purposes of clarity, you retain ownership of your Submissions. Except as prohibited by law or agreement, for each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place UASidekick under any fiduciary or other obligation.  You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
11. MONITORING. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services, or analyze your access to or use of the Services. In accordance with the Privacy Policy we may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use.
12. PERSONAL RIGHT TO USE. UASidekick gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by UASidekick, in the manner permitted by these Terms. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the UASidekick name or any of the UASidekick trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of UASidekick and its licensors. Any feedback, comments, or suggestions you may provide regarding UASidekick, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
13. UASidekick’s RIGHTS. We or our affiliates own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include UASIDEKICK and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
    The Services may contain certain open source and third-party software components (collectively, “Third-Party Components”). Each Third-Party Component is licensed under the Third-Party Component’s applicable license agreement (“Third-Party License”). Nothing in the Agreement is intended to modify the user’s rights or obligations with respect to any Third-Party Component set forth in the applicable Third Party License. Any fees charged by UASidekick in connection with the Services do not apply to any Third-Party Components for which fees may not be charged under the applicable Third-Party License. To the extent that this Agreement contains any warranty, support, indemnity or liability terms or any other terms and conditions not included in the applicable Third-Party License, these terms and conditions are not offered by or made on behalf of any Third-Party author, developer, or contributor of the applicable Third-Party Components.
14. THIRD PARTY MATERIALS: Certain Service functionalities may make available access to or incorporate information, products, services and other materials made available by third parties, such as airspace mapping data derived from aviation authorities, airspace information providers, government agencies, municipalities, NOTAM/UOA submissions, land parcel data or any other integrated data provided through the service (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by UASidekick with respect to any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.  YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
15. PROMOTIONAL ACTIVITY. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
16. AIRSPACE & CONDITIONS. It is your responsibility to consult official sources and exercise reasonable judgment when evaluating whether or not is safe or legal to fly a UAV at a given time or place. The fact that the SERVICES may represent that there are no flight restrictions in effect is not a guarantee that it is safe or legal to operate a UAV. These resources are provided for informational purposes only and are not considered official aeronautical sources. It is your responsibility to ascertain, verify and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of UAVs.
17. THE SERVICES ARE AVAILABL “AS-IS AND WITH ALL FAULTS”. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “UASidekick Entities” refers to UASidekick, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE UASIDEKICK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES FROM A COURSE OF DEALING OR USE OF TRADE, OR ANY WARRANTIES THAT THE SERVICES MEET LICENSEE’S REQUIREMENTS; THAT SERVICES WILL OPERATE IN COMBINATIONS WITH ANY PARTICULAR HARDWARE, SOFTWARE, SYSTEMS, OR SERVICES WHICH LICENSEE MAY SELECT FOR USE. The UASidekick Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the UASidekick Entities or through the Services, will create any warranty or representation not expressly made herein.
18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UASIDEKICK INTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE UASidekick ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID UASidekick, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE UASIDEKICK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH UASIDEKICK AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
19. INDEMNITY. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless UASidekick and the Affiliated Entities, Third Party Materials providers and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
20. ENDING THESE TERMS. You may end your legal agreement with UASidekick at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the UASidekick Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the remaining sections of this agreement shall continue to apply.
21. GOVERNING LAW; ARBITRATION. The terms of this Agreement are governed by the laws of the State of South Carolina, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND UASIDEKICK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT UASIDEKICK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
22. PARENTAL CONTROL. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that UASidekick does not endorse any of the products or services listed on such sites.
23. QUESTIONS OR CONTACTS. If you have a question or complaint regarding the Services, please send an e-mail to info@uasidekick.com You may also contact us by writing to 214 N Campbell Road, Landrum SC 29356, or by calling us at (864) 400-8027. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
24. MISCILANIOUS. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and UASidekick. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and UASidekick relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and UASidekick relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or webpage or by e-mail (including in each case via links. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. UASidekick will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
25. APPLE SPECIFIC TERMS. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Mobile Apps compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Mobile Apps. Apple is not providing any warranty for the Mobile Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Apps, including any third-party product liability claims, claims that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Mobile Apps, including those pertaining to intellectual property rights, must be directed to UASidekick in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Mobile Apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, UASidekick’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.