TERMS OF USE


This is an agreement between John Deere India Private Limited, a Company incorporated under the Companies Act 1956 having its registered office at Tower – 14, Cybercity, Magarpatta City, Hadapsar, Pune – 411013. (“Company/We/Us/Our”) which expression shall, unless repugnant to the context thereof, include, its successors and permitted assigns), the owner and operator of the ‘Anubhuti” application (the “App”) and you (“you”, “your”, “user”), a user of the App.

BY USING THE APP, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE AND PRIVACY POLICY, AS UPDATED FROM TIME TO TIME, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these terms, you may stop using the App immediately.

  1. App Service:

These Terms of Use of the App apply to all users of the App. The App shall be made available by the Company to the users and can be downloaded on a computer or by any android or iOS users. The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose or a purpose not permitted by the Company. When you use the App you must comply with all applicable Indian laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

  1. Registration:

  1. The first step after downloading the App is to register you with us with mobile number and one time password or The first step after downloading the App is to register you with us and create a username and password.

  1. While registering on the App you should provide your real name and information. You should comply with the following obligations relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on the App, or create an account for anyone other than yourself without permission;

    2. You consent to providing your personal or sensitive personal information as required by the App;

    3. You consent us for using the information which we receive to reach out to you or send marketing / promotional / other communications including all written, printed, graphic, electronic, audio or video matter, without limitation to journal advertisements, sales visual aids, formulary binders, reprints, direct mail, consumer advertising, internet and site postings, broadcast advertisements, flyers, postcards, business cards, menus, sales sheets, etc. with respect to John Deere products or services or otherwise.

    4. You consent us for sharing the information, which we receive, to third parties / dealers / affiliates which shall assist the appropriate service/products provider to reach out to you or send marketing communications;

    5. You consent to such dissemination of your personal information for the purpose of the App as provided herein below;

    6. If we disable your account, you will not create another one without our permission;

    7. You will not use the App if you are a convicted sex offender;

    8. You will keep your contact information accurate and up-to-date;

    9. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account;

    10. You will not transfer/assign your account (including any Page or application you administer) to anyone without first getting our written permission;

    11. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  1. Further you shall not host, display, upload, modify, edit, delete, publish, transmit, update or share any information that:

    1. belongs to another person and to which the user does not have any right to;

    2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    3. harm minors in any way;

    4. infringes any intellectual property rights which include but not limited to patent, trademark, copyright or other proprietary rights;

    5. violates any law for the time being in force;

    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    7. impersonate another person;

    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

  1. During registration you are required to give true and correct information (including name, email address, zip code, birth date, e-mail address, picture, phone number, business, profession, area of practice, territory of operations etc.) which will be necessary for efficient functioning of the App.

  1. Post Registration:

Once you are a registered user, you can use the App as per the features provided therein.

We endeavour to keep all the content / information in the App up to date however we do not guarantee and accept no obligation for information provided in the App is up to date and may have dated information. For the current information of the product, services, parts etc. you may visit our nearest authorized dealer / John Deere India Website.

  1. App Access

  1. Subject to your compliance with these Terms of Use and Privacy Policy, Company hereby grants you permission (revocable) to use the App provided that:

  1. your use of the App as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the App, or in any other manner inconsistent with these Terms of Use and Privacy Policy;

  2. you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Company’s prior written authorization;

  3. you will not attempt to reverse engineer, alter or modify any part of the App; and

  4. you will comply with the terms and conditions of these Terms of Use and Privacy Policy.

  1. You acknowledge, understand and agree that you shall not have, nor be entitled to claim in part or full any rights in and to the App and/or any portion thereof, except to the extent of your limited rights to use the App for certain purposes of connecting with the other users subject to the other terms and conditions of these Terms of Use and Privacy Policy. Except in connection with your own user information, unless expressly authorized by Company pursuant to these Terms of Use and Privacy Policy, or unless you have otherwise obtained Company’s written permission, you agree not to copy, reproduce, duplicate, stream, capture, record access through technology or means other than those provided on the App, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the App or any component or part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Company and a violation of these Terms of Use and Privacy Policy and may subject to civil and/or criminal liability under applicable laws.

  1. Company shall not be responsible for any loss or damage of any kind to any user or its business or profession. You acknowledge that Company does not as a matter of its ordinary practice pre-screen any of the user. Company shall have the right in its sole discretion to refuse, remove, edit, or disable any of the users that violate these Terms of Use and Privacy Policy or are otherwise objectionable, as determined by Company in its sole discretion without any prior intimation. Company does not control or endorse any users or their services or products. Company disclaims any and all liability in connection with any and all User information, and you agree to waive any legal or equitable rights or remedies you may have against Company or any of its affiliates with respect to such users and their services or products.

  1. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the App.

  1. Third Party Links

Company App may or the other uses of the App may provide links to and/or contain advertisements about, non-Company owned or controlled web apps, services, products or other Internet resources. You acknowledge and understand that Company does not endorse or sponsor such other third party web apps, services, products or other Internet resources and Company expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, project, products or services found on or related to any such third party web App, services, products or other internet resources.

  1. Advertisers In The App (If At All)

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not we, are responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

  1. Privacy

        1. The App ensures your privacy.  Your privacy is important to us. To better protect your privacy, please review our Privacy Policy by accessing this LINK. By using the App, you agree that you have read and accept the terms of our Privacy Policy and to be bound by it. We provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. We ensure privacy of all your personal data such as your name, address, e-mail address, date of birth, business, profession and such related data that we obtain when you create a personal account in the App. We hereby inform that the personal or sensitive personal information may be shared with any third party or used by us to contact you with respect to marketing and other purposes. You hereby expressly consent for the same.

        1. Please keep in mind that whenever you voluntarily disclose personal information online through the App that information can be collected and used by others. In short, if you post personal information on the App that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information and you sharing your personal information itself shall be considered and consenting to the collection and use of the same by others through the App.

  1. Sharing Your Content and Information

  1. You own all of the content and information you feed in the App. In addition:

    1. For content that is covered by intellectual property rights, like photos, videos, study, material, notes, etc. (“IP content”), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide on or in connection with the App (“IP License”).

    2. When you delete the IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.

    3. When you use the App, the App may ask for your permission to access your content and information as well as content and information that others have shared with you. 

    4. Any IP with respect to the App belongs to the Company.

  1. The App may ask you to provide information that will enable us to verify whether you are entitled to access and use certain information available from the App. This information may also be used to enable us to enhance your App visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your relationship with us. It is completely optional for you to participate, however if you chose to provide your information it shall be considered to be given by your free consent.

  1. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

When you posting your Submissions, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your Submissions should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your Submissions should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your Submissions should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative Submissions; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post Submissions.

We may accept, reject, or remove your Submissions in our sole discretion. We have absolutely no obligation to screen Submissions or to delete Submissions. We do not assume liability for any Submissions or for any claims, liabilities, or losses resulting from any Submissions. By posting Submissions, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to Submissions.

  1. Safety

  1. Company shall do its best to keep the App safe, but we cannot guarantee it. The users have to oblige with the following to ensure the safety of the App:

    1. You will not post unauthorized commercial communications (such as spam) on the App.

    2. You will not collect users' content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the App.

    4. You will not upload viruses or other malicious code.

    5. You will not solicit login information or access an account belonging to someone else.

    6. You will not bully, intimidate, or harass any user.

    7. You will not post content that is a hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or violence.

    8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

    9. You will not use the App to do anything unlawful, misleading, malicious, or discriminatory.

    10. You will not do anything that could disable, overburden, or impair the proper working or appearance of the App, such as a denial of service attack or interference with page rendering or other the App functionality.

    11. You will not facilitate or encourage any violations of these Terms of Use and Privacy Policy.

 

  1. Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.

We will endeavour to have the App up and running all the time but cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

  1. Competitions

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by us from time to time (“Competition Rules“) and by our decisions, which are final in all matters relating to the Competition. We reserve the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

  1. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

    1. We can remove any content or information you post on the App if we believe that it violates this Terms of Use and Privacy Policy, our policies or any provision of Law.

    2. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

    3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate, as per our discretion.

    4. You will not use our copyrights or trademarks or any confusingly similar marks, except with our prior written permission.

    5. If you collect information from users, you will: obtain their consent, make it clear you (and not Company) are the one collecting their information and how you will use it.

    6. You will not post anyone's identification documents or sensitive financial information on the App.

  1. Amendments

We reserve the right to update these Terms of Use and/or Privacy Policy from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms of Use so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by our authorized representative.

  1. Disclaimer Of Warranties

  1. You expressly agree that your use of the App is at your sole risk and consequences. The App (and any portion of the App) is provided "as is" "with all faults" and "as available" to the fullest extent permitted by law, Company and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither Company nor any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the App or other Internet resources linked to the App and assume no liability or responsibility for any:

      1. errors, mistakes, or inaccuracies of content;

      2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the App (or any parts thereof);

      3. any unauthorized access to any and all personal information stored in the App;

      4. any interruption or cessation of transmission to or from the Application;

      5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the App (or any parts thereof) by any third party; and/or

      6. for any loss or damage of any kind incurred as a result of the use of any User information and/or other App content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the App and/or otherwise through your or any other App users.

  1. Company reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the App (including, without limitation any of the App Services).

  1. Transaction

You agree and understand that Company is merely providing an App for your use to connect with our nearby authorized dealers for providing you spare parts and/or services. Company shall not be liable for any action or inaction, misrepresentation or lack of services or any other issue which may arise from the use/view of the App. You and the said dealer will be responsible for any and all the transaction between you and our dealer. It will have no obligation on Company.

When you use the App or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The App is a platform that you utilize to meet and interact with our nearby authorized dealers for your needs. Company is not and cannot be a party to or control in any manner any transaction between the App's users and our dealers.

  1. All commercial/contractual terms are offered by and agreed to between you as a buyer and our dealer as a seller alone. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you as buyer and our dealer as seller. All discounts, offers (including exchange offers, if any) are by our dealers and not by Company.

  2. Placement of order by you with our dealer on the App is an offer to buy the product(s) in the order by you to our dealer and it shall not be construed as our dealer’s acceptance of your offer to buy the product(s) ordered. Our dealer retains the right to cancel any such order placed by you, at its sole discretion and you shall be intimated of the same by way of an email/SMS. Any transaction price paid by you in case of such cancellation by our dealer, shall be refunded to you. Further, our dealer may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of our dealer and may vary from individual to individual. If your John Deere make tractor is under warranty period as per Manufacturer’s Warranty, then you refrain yourself to order any parts through the App. Any such parts ordered by you and use of the same by your own or third party in your John Deere make tractor may make your warranty null and void. 

  3. Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the App. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  4. Company is not responsible for any non-performance or breach of any contract entered into between you and our dealer. Company cannot and does not guarantee that the concerned buyers and/or our dealer will perform any transaction concluded on the App. Company shall not and is not required to mediate or resolve any dispute or disagreement between you and our dealer.

  5. Company does not at any point of time during any transaction between you and our dealer on the App come into or take possession of any of the products or services offered by our dealer nor does it at any point gain title to or have any rights or claims over the products or services offered by our dealer to you.

  6. At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between you and our dealer. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  7. The App is only an App that can be utilized by you to reach out to our dealers to buy products or services. Company is only providing an App for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between our dealer and you.

  8. At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract.

  9. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  10. You shall independently agree upon the manner and terms and conditions of delivery, payment, etc. with our dealer(s) that you transact with.

  11. Pricing on any product(s) as is reflected on the App may due to some technical issue, typographical error or product information published by our dealer may be incorrectly reflected and in such an event our dealer may cancel your such order(s).

  12. Upon acceptance of the order placed by the concerned dealer(s), the products/services would be dispatched by such relevant dealer. You agree and acknowledge that the property and title in the products/services ordered by You shall stand transferred to You upon the receipt of the products/services by You and upon the receipt of monies by the dealers for such products/services against the invoice raised by the concerned dealer. The invoice in relation to the products/services shall be issued by the concerned dealer. It is understood and agreed between the dealer and You that the transaction in relation to the products/services i.e., sale of products/services by the dealer to You and payment for such products/services by You to the dealer shall take place as a contract directly between the dealer and You and the Company is in no way liable for the same. It is hereby clarified that the transaction is not being concluded through the App.

    1. Availing Service Through Local Technicians

    1. To give better after sales services to you, our dealers have certified local mechanics for carrying out the services only on John Deere make tractors, which are out of Manufacturer’s Warranty period, on paid basis (“Local Mechanics”). The information related to such Local Mechanics is available on the App.

    2. You may choose at your discretion to avail the services from the Local Mechanics.

    3. All services & parts replacement by the Local Mechanics will be carried out on paid basis.

    4. Local Mechanics are not authorized to provide services during warranty period or warranty on any parts / services. You agree and confirm that you shall not take any services from such Local Mechanics for John Deere make tractor which is still under warranty period given under the Manufacturer’s Warranty. If you choose to do so, the warranty will be breached and we will not be responsible for any issues arising in your tractor.

    5. Our dealer may terminate any or all of these Local Mechanics at any time with or without notice to you at its sole discretion. It is your sole and complete responsibility to check whether the Local Mechanics are still permitted to provide post warranty services to you.

    During the warranty period, you / customer shall avail all free & paid services, maintenance works and repair works at our authorized dealership network only.

    1. Limitation Of Liability

    YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL COMPANY, OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE APP OR ANY PARTS THEREOF.

    1. Indemnification

    1. You agree to indemnify and hold harmless Company and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from:

      1. any of your wrong/false user information;

      2. your unauthorized exercise of any of your rights granted under these Terms of Use and Privacy Policy;

      3. the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use and Privacy Policy;

      4. your violation of any person's intellectual property, privacy, publicity or other right;

      5. the violation of any Applicable Laws and/or these Terms of Use and Privacy Policy by you; or

      6. your misconduct or negligence by your or anyone accessing the App through your registered account, in connection with your (and/or such other person's) use of the App (in whole or in part);

      7. Or for any reason whatsoever.

    1. If anyone brings a claim against us related to your actions, content or information on the App, you will indemnify and hold Company and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

    1. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the App.


    1. Termination

      If you violate the letter or spirit of the Terms of use and Privacy Policy, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the App to you. We may terminate our agreement at anytime at our sole discretion. You may delete your account or disable your application at any time. 

    1. Disputes

    You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms of Use and Privacy Policy document or Company exclusively in India and the Court of Pune will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of India will govern this Terms of Use and Privacy Policy document, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

     

    1. Other

      1. You agree and confirm that we do not control or direct users' actions on the App and are not responsible for the content or information users transmit or share on the App.

      2. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the App.

      3. We are not responsible for the conduct, whether online or offline, of any user of the App.

      4. This Terms of Use and Privacy Policy, makes up the entire agreement between the parties regarding Company and supersedes any prior agreements.

      5. If any portion of this Terms of Use or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect.

      6. If we fail to enforce any of this Terms of Use and Privacy Policy, it will not be considered a waiver.

      7. You will not transfer any of your rights or obligations under this Terms of Use and Privacy Policy to anyone else without our consent.

      8. All our rights and obligations under this Terms of Use and Privacy Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

      9. Nothing in this Terms of Use and Privacy Policy shall prevent us from complying with the law.

      10. This Terms of Use and Privacy Policy do not confer any third party beneficiary rights.

      11. We reserve all rights not expressly granted to you.

      12. You will comply with all applicable laws when using or accessing the App.