For ease of reference, all the features and functionality of both the App and the Website, together with all its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the "System".
One component of the System is the self-help lifestyle improvement program with associated expert articles, tools, wellness tracking technology, and online community (the "Second Nature Service"). All terms governing the System also apply to the Second Nature Service. The System and the Second Nature Service are both owned and managed by Second Nature Healthy Habits Ltd.
The terms "we", "us", "our" and "ours" when used in these terms mean Second Nature, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of Second Nature. The terms "you", "your" and "yours" when used in these terms mean any user of the System.
You acknowledge and agree that the Second Nature Service is a user-driven self-help wellness tool designed to help you improve your own wellbeing and that if you choose to access the Second Nature Service you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
You also acknowledge and agree that Second Nature does not provide any medical or healthcare services or advice and that the Second Nature Service is not intended to diagnose, treat or otherwise address any medical problem. Use of the Second Nature Service or System does not create a doctor-patient relationship. Any service, material, or information provided to you by the System or the Second Nature Service does not constitute, contain, and should not be interpreted as medical advice or opinion. The material on the System, whether posted by Second Nature employees, or other users, is provided for informational purposes only and should not be used or relied upon as a replacement for consultation with a doctor or other qualified care professional.
IN CASE OF A MEDICAL EMERGENCY, SEEK IMMEDIATE ASSISTANCE FROM A MEDICAL PROFESSIONAL OR CALL 911. YOU SHOULD NEVER DELAY OBTAINING MEDICAL ADVICE OR DISREGARD ANY MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE OR HAVE NOT READ ON SECOND NATURE SERVICE OR SYSTEM. If you have any questions regarding your health or a medical condition, including whether Second Nature Service is appropriate for you or the result of using any information provided by Second Nature Service or the System, you should seek the advice of your doctor or other qualified healthcare professional.
You should not use the information provided by the System to alter or to change any prescribed treatment or therapy provided to you by a healthcare professional. You are urged to seek the advice of a healthcare professional before beginning or making changes to one’s diet or exercise program. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a health or medical condition, you are strongly urged to consult with your doctor before using the Second Nature Service or System. You agree and represent to Second Nature that you are not using Second Nature Service or System or participating in any of the activities offered by Second Nature for the purpose of seeking medical attention. You further agree that, before using Second Nature Service or System, you will consult your doctor or healthcare professional, especially if you are at risk for problems or complications resulting from beginning or changing an exercise plan or changes in your diet. If any information you receive or obtain from using the Second Nature Service or System that is inconsistent with the medical advice from your doctor, you should always follow the advice of your doctor. The Second Nature Service, the App and this Website are not intended for use by minors, pregnant women, or anyone with a known risk for problems resulting from exercise or changes in your diet. Individuals with any type of health condition are specifically warned to seek professional medical advice prior to initiating any form of diet or exercise program. You are solely responsible for your use of Second Nature Services and your interactions with coaches.
However, to the fullest extent permitted by applicable laws, Second Nature and the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System, and make no warranty, express or implied, with respect to the contents, completeness, usefulness or accuracy of the material, content, or information published on or made available through the System. Any reliance you place on such information is strictly at your own risk. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction you may take based upon the information and materials on our System. You understand that any service or information provided to you by any coach through the System is done so in his/her own capacity as an independent contractor of Second Nature Service, and Second Nature Service is not responsible or liable to you, or any third party, for the accuracy, completeness, or reliability of any information, material, or service provided to you by any third party on or through the System.
If Second Nature becomes aware of or suspects any medical or health condition or illness that would conflict with the Terms, Second Nature may, at its sole discretion, terminate all or any portion of the services.
The System is only available to either individuals who enter their card details, PayPal details, or who have had the Service commissioned for them by a third party partner (e.g. their employer) ("Paid for Services"). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to use for personal, non-commercial purposes the content and those features of the System and Second Nature Service for which you or the third party have paid all applicable fees and charges, provided that you comply fully with the provisions of this Agreement.
If paying for your own program, within the first 14 days of your Second Nature start date, you may cancel your subscription to receive a full refund via email to firstname.lastname@example.org.
Through signing up to the Second Nature program, you are signing up for a 3-month minimum contract unless otherwise stated in the checkout. At the end of the 3-month contract, you will automatically transition to the monthly payment plan. You can cancel your subscription directly in the App by going to Profile, then Settings, then Manage my subscription. Once you have cancelled, at the end of your current subscription your account will be disabled and you will no longer be able to access the Second Nature program.
Second Nature reserves the right to modify this Agreement from time to time by amending this page. Registered user's will be notified of changes by the email address we have for you on file. Any material amendments intending to bind an existing user of the System shall become effective 7 days after the email.
To access the Second Nature Service, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account
The System contains functionality that allows you to upload content in a public area (including, but not limited to, your online group). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in your online group. Second Nature disclaims any and all liability in connection with any such content.
We are under no obligation to edit or control content that you or other users post or publish and will not be in any way responsible or liable for such content. Second Nature may, however, at any time and without prior notice, screen, remove, edit, or block any content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that, when using the System or Second Nature Service, you will be exposed to content from a variety of sources and acknowledge that content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Second Nature with respect to such content. If notified by a user or content owner that content allegedly does not conform to these Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the content, which we reserve the right to do at any time and without notice. For clarity, Second Nature does not permit copyright-infringing activities on the System.
The System is owned and operated by Second Nature. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the System and Second Nature Services (“Materials”) provided by Second Nature are protected by intellectual property and other laws. All Materials included in the System are the property of Second Nature or its third-party licensors. Except as expressly authorized by Second Nature, you may not make use of the Materials and no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about material posted on the System, you may contact our designated agent at the following address:
Second Nature Healthy Habits Ltd
Attn: Legal Department (Copyright Notification)
[Second Nature, Scale Space White City, 58 Wood Ln, London W12 7RZ]
[020 3488 0769]
Any notice alleging that materials hosted by or distributed through the System infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the System; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the System of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Second Nature will promptly terminate the accounts of users that are determined by Second Nature to be repeat infringers.
You agree that you will not use the System to:
You also agree not to:
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
THE USE OF THE SYSTEM AND SECOND NATURE SERVICE (INCLUDING BUT NOT LIMITED TO THEIR CONTENT AND FEATURES) IS AT YOUR OWN RISK. THE SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECOND NATURE GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SYSTEM OR THE SECOND NATURE SERVICE OR TO THE ACCURACY OF THE INFORMATION CONTAINED IN ANY OF THE MATERIALS ON THE SYSTEM OR THE SECOND NATURE SERVICE. SECOND NATURE SHALL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS OR DAMAGE OF ANY KIND, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY FROM THE USE OF OR INABILITY TO USE ANY OF THE INFORMATION CONTAINED IN ANY OF THE MATERIALS ON THE SYSTEM. THERE IS NO GUARANTEE OF AVAILABILITY OF INFORMATION ON THE SYSTEM AT ANY TIME, NOR THAT IT IS UP TO DATE OR ERROR-FREE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SECOND NATURE SHALL CREATE ANY WARRANTY ON BEHALF OF SECOND NATURE IN THIS REGARD.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SECOND NATURE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR ANY THIRD PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL), HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM OR SECOND NATURE SERVICE, EVEN IF YOU HAVE ADVISED SECOND NATURE ABOUT THE POSSIBILITY OF SUCH DAMAGES. COMMENTARY AND OTHER MATERIALS POSTED ON THE SYSTEM BY OTHER USERS ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. WE THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE ON SUCH MATERIALS BY ANY VISITOR TO THE SYSTEM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SECOND NATURE (INCLUDING ANY OF ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS) TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SYSTEM OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO SECOND NATURE FOR ACCESS TO AND USE OF THE SYSTEM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
Any claims arising out of or in connection with your use of the system must be brought within one year of the date of the event giving rise to such action occurring.
Second Nature will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. Second Nature reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable. Following any disruption within Second Nature's reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
Certain hypertext links in this site may lead to other third party websites, which are not under the control of Second Nature. When you activate any of these you will leave the System and Second Nature has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Second Nature. Second Nature does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to defend, indemnify and hold Second Nature and its officers, directors, employees and licensors harmless from any claim or demand and any related liability, damage, loss, and expense, (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or any applicable law or regulation, your unauthorized use of, or misuse of, the of the System (and all related materials) or any applicable laws, regulations or third party rights, or your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Second Nature may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This Agreement is between you and us only and will become effective when you start using the System and will remain effective until terminated by you or Second Nature. Second Nature reserves the right to terminate this Agreement or suspend your Second Nature account at any time in case of unauthorized, or suspected unauthorized use of the System whether in contravention of this Agreement or otherwise. If Second Nature terminates this Agreement, or suspends your Second Nature account, for any of the reasons set out in this section, Second Nature shall have no liability or responsibility to you whatsoever.
The System is controlled by Second Nature from its offices in the United Kingdom. Access to, or use of, the System, including the Second Nature Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation that the information contained herein is appropriate or available for use in other locations.
A. In the interest of resolving disputes between you and Second Nature in the most expedient and cost effective manner, and except as described herein in subsections 19.B. and 19.D., you and Second Nature agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SECOND NATURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Despite the provisions of subsection 19.A., nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
C. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to this Agreement by sending a letter to Second Nature Health, Ltd Attention: Legal Department – Arbitration Opt-Out, [Second Nature, Scale Space White City, 58 Wood Ln, London W12 7RZ] that specifies: your full legal name, the email address associated with your account on the System, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Second Nature receives your Opt-Out Notice, subsection 19.A. will be void and any action arising out of this Agreement will be resolved as set forth in subsection 19.H. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice.
D. Arbitrator. Any arbitration between you and Second Nature will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting [Company]. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
E. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by internationally recognized carrier (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). [Company]’s address for Notice is: Second Nature Health, Ltd, [Second Nature, Scale Space White City, 58 Wood Ln, London W12 7RZ]. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Second Nature may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Second Nature must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Second Nature in settlement of the dispute prior to the award, Second Nature will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US $10,000.
F. Fees. If you commence arbitration in accordance with this Agreement, Second Nature will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, NY but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Second Nature for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
G. No Class Actions. YOU AND SECOND NATURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Second Nature agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
H. Modifications to this Arbitration Provision. If Second Nature makes any future change to this arbitration provision, other than a change to [Company]’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to [Company]’s address for Notice of Arbitration, in which case your account with Second Nature will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
I. This Agreement and any contract between us, whether for use of the System or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by the laws of the State of Delaware, without regard to its conflicts of law rules that would require the application of another jurisdiction’s laws.
The following provisions shall survive termination of this Agreement: Clause 8 (Intellectual Property), Clause 12 (Limitation), Clause 15 (Indemnity), Clause 17 (Entire Agreement), Clause 18 (Severability and waiver) and Clause 20 (Governing Law and Disputes).
With the application of your Second Nature peer referral code, you (the ‘referring user’) will be entitled to credit towards your Second Nature account when the person joining through your Second Nature referral code (the ‘referred user’), successfully completes their first two weeks with the program and does not terminate their subscription prior to. At this point, the credit will be added to your Second Nature balance and will be visible in the mobile app. As the ‘referred user’ from a peer referral code you can terminate your subscription within the first two weeks from your start date and you will not incur any further charges from Second Nature. If you decide not to terminate your subscription, you will be obliged to pay for the next two months of your package.
You can contact us via the following details:
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.
Effective Date: This document was last updated and is effective as of May 10th 2021.
This Section 23 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this Agreement is between you and Second Nature only, not with Apple Inc. (“Apple”), and Apple is not responsible for the System or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the System. If the System fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the System. Apple is not responsible for addressing any claims by you or any third party relating to the System or your possession and/or use of the System, including: (1) product liability claims; (2) any claim that the System fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the System and/or your possession and use of the System infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the System. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.