Welcome to the misaengusa.com web site (the "Web Site") and thank you for your interest in Misaeng USA and the Misaeng USA family of businesses (Misaeng USA. and its affiliated brands listed in Section 2, collectively, the “Misaeng Companies,” “us,” “our,” or “we”). The goal of this Web Site is to provide you, the user (“You”), with access to the most comprehensive network of residential real estate products/services to meet Your needs (the Content). By clicking a registration or sign up button, or by otherwise using our websites, networks, mobile applications, or other services provided by the Misaeng Companies (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).
Misaeng USA. assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
A. Web Version Please read these Terms of Use carefully before continuing with your use of the Misaeng USA website. These Terms govern the use of the website and apply to all internet traffic visiting the site. By accessing or using this website, you agree to these Terms. If you do not agree with these Terms, do not use this website. Anywhere Advisors LLC d/b/a Misaeng USA reserves the right to modify, alter, or update these Terms at any time, with such modifications being effective immediately upon posting. By using this website after we have posted notice of such modifications, alterations, or updates, you agree to be bound by the revised Terms.
B. Mobile Application Version To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, including downloading and using any App on your mobile device in object code form, for your personal use. We may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, understanding that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
C. Use of Content Subject to these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or for professional use ("Pro Use") to view, save, print, fax, and/or email such information. The aggregate level data provided on the Misaeng USA Roommate matching Pages may be used for non-personal uses. The display of Misaeng USA Companies’ data requires our prior written approval.
4. Privacy Policy/Other Term
A.** Registration data and certain other information about You is subject to Our Privacy Notice. For more information, please review Our full Privacy Notice which can be found on misaengusa.com.
B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, Product Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation, General Rent Process, Self-Tour Terms, Rentals User Terms, and Useful Guidelines.
5. Trademarks, Copyrights and Restrictions This Web Site is controlled and operated by Misaeng USA. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Misaeng USA or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Misaeng USA. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for Your personal, non-commercial use only, but You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Misaeng USA or the Providers. You may request consent by mailing or emailing a request to Misaeng USA Legal Department. Without the prior written consent of Misaeng USA or the Providers, Your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of Misaeng USA and/or the Providers and is prohibited. As a condition of Your use of this Web Site, You warrant to Misaeng USA that You will not use Our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use Our Web Site immediately terminates without the necessity of any notice. Misaeng USA retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on Your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Misaeng USA.
6. Prohibited Activities You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, to do any of the following:
(a) Take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam," or other such unsolicited mass e-mailing techniques, or “website scraping;”
(b) Disclose or share users’ Web Site passwords with any unauthorized third parties or use users’ Web Site passwords for any unauthorized purpose;
(c) Attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;
(d) Upload, post, email, or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
(e) Violate any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law; and,
(f) Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor, “scrape,” or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third-party Web browsers may be used without such permission.
7. Fees
A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at info@misaengusa.com, or, if applicable, by contacting your business consultant.
8. Disclaimer of Warranties and Liability All content on this web site is provided "as is" and without warranties of any kind either express or implied. Other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Misaeng USA disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Misaeng USA, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this web site warrant that the functions contained in this web site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this web site is provided solely for your convenience and information only. Misaeng USA does not warrant or make any representations regarding the results that may be obtained from the use of this web site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this web site.
You expressly agree that use of this web site is at your sole risk. You (and not Misaeng USA) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Misaeng USA, nor its affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this web site, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this web site or any other linked site. By way of example, and without limiting the generality of the foregoing, Misaeng USA and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this web site. You expressly acknowledge and agree that Misaeng USA is not liable or responsible for any defamatory, offensive or illegal conduct of other users, providers, or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Misaeng USA's liability is limited to the greatest extent permitted by law.
9. Indemnification You agree to indemnify, defend, and hold harmless Misaeng USA and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by You of these Terms.
10. Third Party/Linked Services/Sent information
A. Generally. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Misaeng USA does not endorse, and takes no responsibility for such products, services, websites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Misaeng USA is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
B. Certain Third-Party Services.
(i) Referrals and Lead Sales. As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with any of the Misaeng Companies, then one or more of the Misaeng Companies may receive a financial or other benefit from the referral between such affiliates.
(ii) Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize the Misaeng Companies to provide the information you submit to the Third-Party Provider. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non-affiliated financial products, the Misaeng Companies are only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by the Misaeng Companies, and the Misaeng Companies are not responsible for the underwriting activities or credit decisions of any Third-Party Provider. Any non-binding quotes provided by the Misaeng Companies for Third-Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act, or to otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Except as set forth in Section 8(b)(i) above or as otherwise disclosed to you or provided in other Product’s Terms, the Misaeng Companies: (a) are not a Third-Party Provider, loan originator, loan processor, or underwriter; (b) do not aid or assist applicants in obtaining loans, soliciting applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (c) do not take mortgage applications, make loans or credit decisions, or prequalify or preapprove applicants for loans; (d) are not an agent of either any consumer or any Third-Party Provider; (e) do not endorse, refer, or recommend any Third-Party Provider that pays the Misaeng Companies, or the products of any Third-Party Provider that pays the Misaeng Companies; (f) are not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) do not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
(iii) Rental or/and Roommate Matching product. If you choose to submit your information in order to submit a background or credit check, you are subject to the CIC and Experian terms as described in Section 10(C, iv) below. Misaeng USA does not process, store background, or credit check information related to our rental or/and roommate matching product and does not control how a landlord uses background or credit check information in evaluating applications submitted to them. Misaeng USA does not guarantee any acceptance by a landlord of an application but does require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.
C. Additional Terms for Third Party Services. Certain aspects of the Services include Third-Party tools that are subject to additional Third-Party terms, including, but not limited to, the following:
(i) Mapbox. Several of the Services incorporate the Mapbox mapping service. Your utilization of Mapbox is governed by Mapbox's terms of service, accessible at https://www.mapbox.com/legal/tos/, and Mapbox's Privacy Policy, available at https://www.mapbox.com/legal/privacy/
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11. Third Party Rights These Terms are for the benefit of Misaeng USA and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its or their own behalf.
12. User Submissions You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #MisaengUSA or other Misaeng USA brand hashtags, you grant to Misaeng USA, its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Misaeng USA tagged User Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by Misaeng USA, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Misaeng USA, the Licensed Parties, and any person acting on Misaeng USA or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.
13. Intellectual Property. The Services are owned and operated by Misaeng USA. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “Misaeng USA Materials”) that we provide are protected by intellectual property and other laws and are the property of Misaeng USA or Misaeng USA’s Third-Party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Misaeng USA Materials, and Misaeng USA reserves all rights to the Misaeng USA Materials and Services not granted expressly in these Terms of Use.
The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
14. Jurisdictional Issues Unless otherwise specified, the Content contained in this Web Site is presented solely for Your convenience and/or information. This Web Site is controlled and operated by Misaeng USA from its office within Seoul, Republic of Korea. Misaeng USA makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within such State. Any action You, any third party or Misaeng USA brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in and for New York, NY and You expressly consent to the jurisdiction of said courts. If any provision of these Terms shall 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.
15. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any of the Misaeng Companies’ Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
15-A). Reviews.
16. DMCA(Copyright Infringement Claims). We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(i) Identification of the copyrighted work that you claim has been infringed;
(ii) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(iii) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(iv) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By Mail:
Misaeng USA.
Suite 402, 47, Gangnam-daero 2-gil, Seocho-gu, Seoul, Republic of Korea
Attention: Misaeng USA Legal Department
By Email:
info@misaengusa.com
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
17. Deactivation/Deletion/Changes to Agreement. Except as stated in any Product’s Terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings. You can delete your account and all your account data by submitting a request to “delete your data” by email to info@misaengusa.com. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Misaeng USA to use the Services will terminate automatically. In addition, Misaeng USA may, in its sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. Misaeng USA may alter, suspend, or discontinue the Services or any portion of the Services without notice. Misaeng USA will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services. Misaeng USA reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis, and will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
18. General. You agree not to export from anywhere any part of the Services provided to you by Misaeng USA, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. Misaeng USA may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer, or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Misaeng USA with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Misaeng USA with respect to the Services.
19. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from Misaeng USA as further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Misaeng USA or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by Misaeng USA or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. The information is subject to the Privacy Policy.
20. Contact Information and License Disclosures. The Services are offered by Misaeng USA and its affiliates, located at Suite 402, 47, Gangnam-daero 2-gil, Seocho-gu, Seoul, Republic of Korea, 06788. You may contact the Misaeng Companies by sending correspondence to that address or emailing info@misaengusa.com.
21. Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 21 apply. You acknowledge that these Terms of Use are between you and the Misaeng USA Companies only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail 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 Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 21 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 21 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.