Terms of Use
RIIP REPS
Terms of Use
Effective Date: June 15, 2023
Please read these Terms of Use (these “Terms”) carefully, as they constitute a binding contract between you (“you” or “your”) and Hospital for Special Surgery (“HSS”, “we,” “our,” or “us”). These Terms of Use (“Terms”) apply to your use of the RIIP REPS mobile application, which can be downloaded via the Apple App Store or the Google Play Store, as well as the website made available at www.riipreps.com and other digital platforms made available to you (collectively, the “Platform”). By clicking “I accept” or by using or accessing the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. We may also notify you by sending an email notification to the address associated with your Account (as defined below) or providing notice through our Platform. Your continued access or use of the Platform after receiving notice of any update, modification, or other change to these Terms signifies your acceptance thereof.
1.General Overview of the Platform
We have developed the Platform to enable sports team coaches and team trainers (each, a “Coach”) and athletic directors and administrators (each, an Organization’s “Manager”) to administer a training program for their teams’ athletes (each, an “Athlete”) to complete each week and to enable Athlete’s parent’s or legal guardians (each a “Parent”) to access their Athlete’s training session history. The training sessions focus on strength, balance, and control during acceleration, stopping, cutting, jumping and landing. The Platform allows Coaches and Managers to invite Athletes and their Parents to use the Platform. Coaches and Managers can also monitor real-time updates on training sessions that each of their Athletes have completed.
Note that HSS does not provide any health care services via the Platform. Rather, HSS provides the fitness-oriented resources made available through our Platform for informational purposes only. You should not rely on any information provided through the Platform for medical or diagnostic purposes and should consult your personal physician if you have questions about your state of health.
We provide the Platform for use only by persons located in the United States. We make no claims or representations that the Platform or any of the Content made available therein is accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
2. Creating an Account; Eligibility; Accessing the Platform
To access and use certain features of the Platform, you need to register for an account (“Account”) by providing your name, email address, phone number and other information. To access and use the Platform, you may be required to have a verified phone number linked to your Account. In order to verify your identity when you attempt to log into your Account, the Platform will deliver to your phone number an SMS text message containing a code to enter on the Platform.
If you are a Coach or Manager, you will receive access to the Platform once HSS has approved the school, league or club that you are affiliated with (“Organization”). If you are an Athlete, you will receive an invitation to create an Account from your Coach or Manager. If you are a Parent, you will receive an invitation from a Manager, Coach or Athlete.
If you register for an Account, you must provide accurate and complete information and promptly update this information if it changes. You may not permit any other person to access the Platform using your name, mobile number, email or password (collectively, your “Credentials”), and the use of your Account is your responsibility. If you learn or suspect that your Credentials have been wrongfully used or disclosed, you should promptly notify us. As a user of the Platform, you represent to us that you meet the following eligibility requirements:
Athlete Eligibility
In order to use the Platform as an Athlete, you must be at least 13 years of age, and be invited by your Coach or Manager to create an Account. If you are under the age of majority in your jurisdiction, you may only use the Platform with the prior consent of your parent or legal guardian who agrees to be bound by these Terms. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Platform.
Parent Eligibility
In order to use the Platform as a Parent, you must be the parent or legal guardian of an Athlete who is using the Platform and be invited by that Athlete or their Coach or Manager.
Coach and Manager Eligibility & Requirements
In order to use the Platform as a Coach or Manager, you acknowledge that no agency, partnership, joint venture or employee-employer relationship or any other relationship between you and HSS is intended or created by these Terms except as a licensee of the Platform.
You, and not HSS, are solely responsible for, and represent and warrant that you have obtained all necessary consents from your Athletes and their parents or legal guardians to invite them to use the Platform, to the extent such consent is required by any applicable law or agreement.
You will comply with the CTIA’s Short Code Monitoring Handbook, Messaging Principles & Best Practices, as amended from time to time, including, without limitation, by producing clear and conspicuous calls-to-action when instructing other individuals to download the mobile application.
Additionally, you hereby represent and warrant that you:
are employed by, or affiliated with the Organization that has contracted with HSS to use the Platform;
are not using or accessing the Platform on behalf of any other individual or entity; and
will use the Platform in accordance with all applicable laws.
3. Communication Preferences
By creating an Account, you also consent to receive electronic communications from HSS (e.g., via email, text message, or by posting notices to the Platform). These communications may include operational notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By providing your mobile phone number to us through the Platform, you consent to receive text messages at any such phone number sent by or on behalf of HSS, including autodialed text messages, for operational or informational purposes related to the Platform. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of text messages at any time by texting "STOP" to the phone number from which you received the text message. After you send the text message "STOP" to us, we will send you a text message to confirm that you have been unsubscribed. If you opt-out of text messages, you will no longer be able to use the Platform because receipt of text messages is required to be able to log into the Platform. If you want to begin use of the Platform again, just reply to the same phone number with the message “START” or “UNSTOP” and we will start sending text messages to you again and your use of the Platform will be subject to the then-current Terms and Privacy Policy made available through the Platform.
4. Privacy
Please see our Privacy Policy for a description of how we collect, use, and disclose your personal information when you access or use the Platform. By using the Platform or by clicking to accept or agree to these Terms when this option is made available to you, you consent to our use of your information and our contacting you, in each case, in compliance with our Privacy Policy.
5. Proprietary Rights
All original content, materials, features, and functionality (including text, information, images, photos, graphics, artworks, logos, videos, audio, directories, listings, databases, and search engines) available via the Platform (the “Content”) are owned by HSS and/or its licensors and may be protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Platform and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell, rent or resell our Platform or the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Platform or the Content; or (d) use our Platform or the Content other than for their intended purposes. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction, or distribution of the Platform or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.
All trademarks, trade names and logos appearing on or through the Platform are owned or licensed by us. The “RIIP REPS” and “Hospital for Special Surgery” and “HSS Sports Medicine Institute” names, marks and logos and all other HSS names, marks, logos and other identifiers are trademarks and service marks of HSS. You may not use or display any HSS trademarks, trade names, or logos without our prior written permission. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas or other feedback, you agree that we have an unrestricted right to use them, and you are not entitled to receive any compensation.
6. Uploaded Information
The Platform may contain information about you and other users, such as other Coaches and Athletes on your team, including, for example, information about which sessions each Athlete has completed. By submitting any information, you hereby grant us the right to upload, reproduce, display, perform, transmit and distribute such information, including to your team’s Coaches and Managers on the Platform. This enables the collaboration that is the goal of the Platform. From time to time the Platform may allow Athletes to record videos of themselves to complete certain sessions. Note that videos are stored locally on an Athlete’s mobile device, and are not accessible to HSS or Coaches through the Platform.
7. Prohibited Uses
We want to make sure the Platform is a safe place for us and our users. For this reason, we need to have certain rules about the use of the Platform, including certain conduct that is prohibited. You agree not to use the Platform in any way, provide information or engage in any conduct that:
is unlawful, illegal, or unauthorized;
is obscene, sexually explicit, or offensive;
advertises or promotes any other product or business;
is likely to harass, upset, embarrass, alarm, or annoy any other person;
is likely to disrupt our service in any way;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
advocates, promotes or assists any violence or any unlawful act.
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any information that violates these Terms.
8. HSS is Not Responsible For Third-Party Content
The Platform may contain links to third-party web sites, products, and services, and it may redirect you to third party applications on your mobile device (each, a “Linked Third-Party Service”). HSS is not responsible for the content of Linked Third-Party Services, and does not make any representations or warranties regarding the content or accuracy of any such content. When you access and use a Linked Third-Party Service, you are subject to that third party's terms and conditions of use and privacy policy and you agree that HSS is not responsible for and has made no representations or warranties, express or implied, regarding any Linked Third-Party Service and that HSS shall have no liability relating to such Linked Third-Party Service. Your use of any Linked Third-Party Service is at your own risk and subject to the terms and conditions of use for such offerings.
9. Disclaimer of Warranties
HSS, HSS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. ACCESS TO THE PLATFORM MAY BE INTERRUPTED. ALTHOUGH HSS ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE PLATFORM, IT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE PLATFORM, MATERIALS AND OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE PLATFORM. INFORMATION CONTAINED ON THE PLATFORM MAY BE CHANGED WITHOUT NOTICE. HSS AND HSS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR INFORMATION OR CONTENT ON OR MADE AVAILABLE THROUGH THE PLATFORM FROM ANY NON-HSS-AFFILIATED THIRD PARTY AND/OR FOR LOSS OR DAMAGE TO DATA, INCLUDING USER INFORMATION.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, AND LINKED WEBSITES AND APPLICATIONS. HSS AND HSS AFFILIATES DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY HSS MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY HSS, HSS AFFILIATES OR THIRD PARTIES WITH OR IN CONNECTION TO THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES.
10. Indemnification
You agree to indemnify, defend, and hold harmless HSS, any HSS affiliate, and their respective trustees, directors, medical staff, employees, contractors, agents, successors and assigns (collectively, “HSS Parties”) from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with (a) your violation of this Terms of the Platform; (b) any act or omission by you in your use or misuse of the Platform; or (c) any information that you upload to or transmit through the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
11. Limitation of Liability
THIS SECTION LIMITS THE DAMAGE YOU CAN RECOVER FROM US. HSS AND THE HSS PARTIES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE PLATFORM, USE, OR MISUSE OF ANY PRODUCTS, SERVICES, MATERIALS, OR CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
NEITHER HSS NOR ANY HSS PARTY, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE INFORMATION, SERVICES, AND CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM. ALL INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
IN NO EVENT SHALL HSS NOR ANY HSS PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE, OR MISUSE OF, OR INABILITY TO USE, THE INFORMATION, SERVICES, OR CONTENT ON THE PLATFORM, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR USE OF THE PLATFORM IS TO STOP USING THE PLATFORM. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF THE HSS PARTIES TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT THOSE LIMITATIONS.
12. Dispute Resolution
Please read the following sections carefully because they require you to arbitrate certain disputes, claims, suits, actions, causes of action, demands or proceedings against the HSS Parties that in any way arise out of or relate to the operation, or your use, of the Platform (“Disputes”) and limit the manner in which you can seek relief from us in such Disputes.
EXCEPT FOR DISPUTES (A) ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 7; (B) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THAT QUALIFIES TO BE FILED IN SMALL CLAIMS COURT; OR (C) IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND THE HSS PARTIES AGREE TO ARBITRATE ALL DISPUTES BETWEEN YOU AND US. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING OR OTHERWISE) TO ASSERT AND DEFEND YOUR RIGHTS UNDER THE TERMS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the HSS Parties are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and the HSS Parties.
If you desire to assert a claim against any the HSS Party, and you therefore elect to seek arbitration, you must first send to HSS, by certified mail, a written notice of your claim (“Claim Notice”). The Claim Notice to HSS should be addressed to: Hospital for Special Surgery. Attn: Legal Dept. 535 E 70th Street, New York, NY 10021 (“Notice Address”). If HSS desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Claim Notice to the most recent address we have on file or otherwise in our records for you. A Claim Notice, whether sent by you or by HSS, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If HSS and you do not reach an agreement to resolve the claim within 30 days after the Claim Notice is received, you or HSS may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by HSS or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after HSS receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless HSS and you agree otherwise, any arbitration hearings will take place in New York, New York. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of HSS’s last written settlement offer made before an arbitrator was selected (or if HSS did not make a settlement offer before an arbitrator was selected), then HSS will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND THE HSS PARTIES 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 HSS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
If any provision of this Section 12 is found to be unenforceable, then (a) the remaining provisions of Section 12 shall remain in full force and effect to the maximum extent permitted by applicable law; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in New York, New York.
13. Applicable Law
These Terms and the resolution of any dispute related to these Terms or the Platform shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. The failure of HSS to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.
14. Termination
These Terms are effective unless and until terminated by either you or HSS. You may terminate these Terms at any time, provided that you discontinue any further use of the Platform. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Platform, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Platform. Upon any termination of the Terms by either you or us, you must promptly cease using the Platform.
Termination will not limit any of our other rights and remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
15. General
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and HSS with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sub-licensable by you except with HSS’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. HSS may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
16. Contact Us
If you have any questions regarding our Platform or these Terms, you can contact us at help@riipreps.com.
Apple Device Additional Terms
If you access the Platform via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Terms”) are hereby made part of these Terms:
If these Apple Terms conflict with any other provision of these Terms, then the Apple Terms control with respect to access and use of the Platform via an Apple Device. Apple is not a party to these Terms and does not own and is not responsible for the Platform you access via your Apple Device (“iOS App”) and the content thereof. The Apple App Store Terms of Service (the “App Store Terms of Service”) control to the extent of any conflict with these Terms with respect to an iOS App. The license granted to use an iOS App is limited to a non-transferable license to use the Platform on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. In the event of any failure of the iOS App to conform to any applicable warranty provided by HSS in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Apple is not responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. It is not the intent of these Terms to limit HSS’s liability beyond what is permitted by applicable law. In the event of any third party claim that an iOS App or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In addition to the requirements of the Terms, 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.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third-party beneficiary thereof. Please direct any questions, complaints or claims with respect to an iOS App to HSS at the contact information provided above.