The following terms and conditions of use (the “Terms of Use”) constitute a binding agreement between you and Hedgehog Community, Inc. (referred to as “Hedgehog,” “us” or “we”), with respect to your access to and use of our mobile application (“Mobile App”), websites (hedgehog.com) (collectively, the “Site”), and the services available on the Mobile App and Site, including any Content (as defined below), (collectively, the Mobile App, Site, and Content are hereinafter referred to as the “Offerings”).
Use and Restrictions. Subject to these Terms of Use, Hedgehog hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Offerings for your personal, non-commercial use, and (b) download and install the Mobile App on mobile devices owned or otherwise controlled by you. We reserve all rights not expressly granted to you under these Terms of Use. In connection with your use of the Offerings, you agree not to:
license, assign, distribute, sell, transfer, exploit or otherwise make available the Offerings;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Offerings, in whole or in part;
access or use the Offerings for any unlawful purpose or beyond the scope of the rights granted;
obtain, or attempt to obtain, access to areas of the Site, Mobile App, or our systems that are not intended for access by you;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Offerings;
“flood” the Offerings with requests or otherwise use the Offerings in any manner that would disable, disrupt, impair, harm, or overburden the Offerings or our systems; or
collect information from the Offerings using an automated software tool or manually on a mass basis.
In connection with the foregoing, you are expressly forbidden from engaging in web scraping on this site or utilizing its content for the creation of machine learning models, artificial intelligence systems, or any related technology without obtaining explicit written consent from Hedgehog. Web scraping, as
defined herein, encompasses the use of robots, spiders, scripts, services, software, or any manual or automatic tools designed for data mining or extracting content, data, or information from this website, or any automated means of accessing or collecting such content, data, or information.
Changes to the Offerings. We may, from time to time in our sole discretion, develop and provide updates to our Offerings, which may include upgrades, bug fixes, patches, and other error corrections and/or new features to our Offerings (collectively, “Updates”), which Updates will be subject to these Terms of Use. Updates may also modify or discontinue certain features and functionalities of the Offerings, including, without limitation, changes to pricing, the addition of free or fee-based services, or changes to limitations on allowable content, file sizes or file types, with or without notice to you. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities of the Offerings. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Offerings or any portion of the Offerings (including Content) at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.
No Guarantee; Temporary Interruptions. We work hard to provide quality Offerings; however, you understand and acknowledge that we do not promise or guarantee specific results from using the Offerings. You understand and agree that temporary interruptions of the Offerings may occur due to events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings.
Access. You are responsible for all applicable taxes, data plans, internet fees, and other fees associated with your access and use of the Offerings.
Charges. Hedgehog does not process credit or debit cards or collect any payment processing information. If you decide to subscribe to our Offerings, the sign-up process will automatically direct you to our third-party payment processor’s website to complete the payment transaction. If you sign up for an Offering that charges recurring fees (such as a subscription), we will send you a notification of the upcoming charge to the email address used to set up your subscription account, and such charges will be billed in advance of the respective subscription period.
Overdue Amounts. If, for any reason, your payment card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate your access to the Offerings and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other collection and legal expenses.
User Content. Subject to our Privacy Notice, any comments or other material posted to the Site or Mobile App through your account or any communication or material that you transmit to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content provided through your account, you grant us (including our employees and affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to adapt, copy, distribute, display, exploit, modify, publish, translate, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
User Content Guidelines. Your use of the Site or Mobile App is subject to all applicable laws and regulations, and you are solely responsible for any User Content you leave on the Site or the Mobile App. By posting information on the Site or Mobile App, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site or Mobile App, you agree that you will not post comments, messages, links, code, or other information that:
is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity;
consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any person or entity;
breaches the security of, compromises, or otherwise allows access to secured, protected, or inaccessible areas of this Site or Mobile App, or attempts to gain access to another network or server via your account on this Site or Mobile App; or
impersonates any person or entity, including any of our employees or representatives.
User Content Warranty. You represent and warrant to Hedgehog that you own or control all rights in and to the User Content you leave on the Site or the Mobile App and have the right to grant the rights above to us.
No Endorsement. We neither endorse nor assume any liability for User Content or any material uploaded or submitted by users on any part of the Site or Mobile App. Although we do not pre-screen, police, or monitor User Content or any comments or other material posted on the Site or Mobile App, we and our agents reserve the right to remove any and all User Content and postings that we feel do not comply with these Terms of Use and any other rules of user conduct for our Site or Mobile App, are otherwise harmful, objectionable, or inaccurate, or create or are likely to create liability for us. We are not responsible for any failure or delay in removing such postings.
Feedback. Any ideas or suggestions (“Feedback”) that you provide to us about the Offerings are entirely voluntary, and you understand and agree that Hedgehog may or may not use the Feedback for any purpose without compensation or other liability to you.
Moderating a thread is an unofficial, voluntary position that may be available to users of the Offerings. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms of Use.
Third-Party Sites and Information. This Site or Mobile App may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. You understand and agree that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such links or references to third-party websites is provided merely as a convenience and accessed by you at your own risk. The fact that the Site or Mobile App includes such links or references to third-party websites does not imply Hedgehog’s endorsement of such third-party websites, any association with such third-party websites, or any warranty of any kind, either express or implied.
Third-Party Advertisements. From time to time, this Site or Mobile App may include advertisements offered by third parties to non-paying users. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site or Mobile App; however, any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotions.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Hedgehog Community, Inc. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Hedgehog.
reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
the Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
a statement that the Rights Holder has a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
a statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
the Rights Holder’s electronic signature.
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
your name, address and telephone number;
a statement that you consent to the jurisdiction of federal district court in the Las Vegas, Nevada, and that you will accept service of process from the person who provided notification in compliance with Section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
your physical or electronic signature.
Hedgehog Community, Inc. 209 S. Stephanie St B135 Henderson, NV 89012
Attn: DMCA Designated Agent
Email: kevin.smothers@hedgehog.com
YOUR USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PART OR PARTS OF THE OFFERINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE OFFERINGS OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE OR THE MOBILE APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Some States or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEDGEHOG OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE OFFERINGS OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE OFFERINGS.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR OFFERINGS OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE OR THE MOBILE APP.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws of your jurisdiction.
Indemnification. You agree to defend and hold Hedgehog and our officers, directors, employees, agents, licensors, and service providers (“Indemnitees”) harmless from all claims, causes of action, or demands that may arise from: (a) your use or misuse of the Offerings; (b) your violation of these Terms of Use; (c) your
violation of applicable laws or regulations; or (d) User Content, and, in each case, you agree to indemnify the Indemnitees for all costs, damages, expenses, fines, liabilities, losses, and penalties (including attorneys’ fees) resulting from such claims, causes of action, or demands. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You may terminate these Terms of Use at any time by deleting your account and discontinuing use of all of the Offerings. If you fail to delete your account, then you understand and agree that we may delete your account due to prolonged inactivity.
At our sole discretion, we may terminate or suspend your access to all or part of the Offerings with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Offerings and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Sections 3, 6, 9-12, and 14-15 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
ARBITRATION AGREEMENT. PLEASE READ THIS DISPUTE RESOLUTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
Dispute Resolution. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE SITE AND PRODUCTS WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND HEDGEHOG REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:
You may assert claims in your local small claims court if its rules permit it; and
Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
Prohibition of Class Actions and Non-Individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A
CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then all of this dispute resolution in this Section 13, other than Section 13.4 below, will be null and void and neither of us will be entitled to arbitrate our dispute.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may be accessed at http://www.adr.org or by calling the AAA at 1-800-778-7879. Unless the parties agree otherwise, only one arbitrator is to be assigned to hear a case. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Hedgehog requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Hedgehog, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration Association Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using AAA WebFile: https://www.adr.org. Any Demand to Hedgehog should be addressed to:
Hedgehog
209 S. Stephanie St B135 Henderson, NV 89012
Filing, Administration and Arbitrator Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 13.1. Each Party shall bear its own costs, fees, and expenses incurred in connection with the arbitration proceeding, including but not limited to filing fees, attorney fees, and other administrative expenses and an equal
share of the arbitrators’ and administrative fees of arbitration, regardless of the outcome of the arbitration.
OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 13.1, YOU MUST NOTIFY HEDGEHOG IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS TERMS OF USE FOR THE FIRST TIME. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO HEDGEHOG AT THE ADDRESS SET FORTH IN SUBSECTION E ABOVE. YOUR WRITTEN NOTIFICATION TO HEDGEHOG MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH HEDGEHOG THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 13, ALL OTHER PROVISIONS OF THIS TERMS OF USE WILL CONTINUE TO APPLY, INCLUDING SECTION 13.4, BELOW.
Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 13 in the future (other than an amendment to any notice address or site link provided herein) we will notify you through the email we have on file for you.
Venue and Procedure. The arbitration hearing shall be held in Las Vegas, Nevada. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Hedgehog may attend by telephone, unless the arbitrator requires otherwise.
JURY TRIAL, GOVERNING LAW, AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND HEDGEHOG EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THIS SECTION 13 SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
International Use. Although the Offerings may be accessible worldwide, we make no representation that the Offerings are appropriate or available for use in locations outside the United States. Those who choose to access the Offerings from other locations do so on their own initiative and at their own risk. If you choose to access the Offerings from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Offerings is void where prohibited.
Notice Regarding Apple. The following additional terms and conditions apply to use of the Mobile App on an Apple, Inc. (“Apple”) iOS-powered mobile device. You and Hedgehog acknowledge that these Terms of Use are concluded between you and Hedgehog only, and not with Apple, and Apple is not responsible for the Mobile App, services, or Content. You agree that your license to use the Mobile App and services is limited to the Apple iOS mobile device that you own or control and that your use of the Mobile App and services shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Hedgehog acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Mobile App or services. In the event of any failure of the Mobile App to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App or services, and Apple will not be responsible for any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure of the Mobile App to conform to any applicable warranty. Please note that Hedgehog has disclaimed all warranties with respect to the Mobile App—see Section 11. You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the Mobile App or services or your possession and/or use of the Mobile App or services, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App or services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the Mobile App or services or your possession and use of the Mobile App or services infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Hedgehog’s contact information for any questions, complaints or claims with respect to the Mobile App or services is set forth in Section 17 below. You agree to comply with all applicable third party terms of agreement when using the Mobile App or services. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code
§1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Offerings, or use of or access to the Offerings, beyond the limited rights granted to you under Section 1.1 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of any of the Offerings arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Offerings is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.