Terms of Use Effective Date: September 1, 2021

bqn  welcomes you to the bqn website (the “Digital Applications”). These Terms of Use incorporate the bqn Privacy Policy, the bqn Copyright Infringement Notice Policy and the Trademark Usage Guidelines, which in conjunction with the Storage Services Contract, constitute the entire agreement between you and bqn and govern your use of the Site and other domains and mobile applications collectively referred to as Digital Applications (referred to herein as the “Agreement”). This Agreement governs your access to and use of the Digital Applications as well as the information and materials found on the Digital Applications. Please read these terms and conditions carefully before using these Digital Applications. the term “you” shall mean you, your employees, agents and contractors and any other entity on whose behalf you accept the terms of this agreement (collectively, “you”). if you do not agree to all of these terms, immediately termination your use of these services.

By accessing the Digital Applications in any way or using any content or services provided through the Digital Applications, you agree to and are bound by this Agreement. If you are using the Digital Applications on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer’s behalf, and your employer agrees to indemnify you and bqn for violations of this Agreement.

OUR WEBSITE AND APPS

All content included on bqn (and the software that runs it) is the property of bqn or bqn’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.

RESTRICTIONS

No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor bqn, or bypass or circumvent bqn’s navigation or structural presentation.

You agree you won’t hack or try to hack our systems. You will not accept or try to gain unauthorized access to bqn data, any part of bqn, or to any other systems or networks connected to bqn or to any bqn server. This includes hacking, phishing, cracking, or any other illegitimate means.

You agree you won’t use bqn in violation of any law, rule, or regulation.

You agree you won’t try to scan or test the vulnerability of bqn, try to breach our security or authentication measures, or generally try to bypass our security.

You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of, or visitor to, bqn.

You promise not to do anything that could impose an unreasonable or disproportionately large load on bqn or the systems it is connected to and runs on.

You agree not to decompile, reverse engineer, copy, modify, creative derivative works, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to bqn.

You agree not to manipulate raw TCP/UDP streams or engage in other unauthorized conduct at the bit level. You will not forge headers or attempt to disguise the origins of messages or packets. You will not call our representatives pretending to be someone else.

bqn reserves the right to bar any additional activities that could be injurious to bqn or its users. You will comply with any updated prohibitions.

Privacy Policy

This Privacy Policy (the “Policy”) describes (a) the types of information that bqn, a Colorado Limited Liability Company, will collect from you (“you” or “your”) or that you will provide to us when you access, register for an account, or use bqn’s Digital Applications, services or products (collectively, the “Service”), and (b) our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy is incorporated by reference to our Terms of Service.

bqn is not in the business of selling or renting your information. Here are instances when we may disclose your information — and then only the minimum information necessary:

• We share your information with Service Providers who process data on our behalf, such as credit card processors and customer management systems. For example, these Service Providers help us:
  • Operate, develop, and improve the features and functionality of the Service
  • Complete your payment transactions
  • Fulfill your Delivery / Pickup and support requests
  • Communicate with you as described elsewhere in this policy

We require these providers to agree to strict data protection requirements in keeping with our privacy policy standards, the European Union’s General Data Protection Regulation (“GDPR”), and our commitments under our EU-US Privacy Shield and Swiss-US Privacy Shield certifications as discussed below. 

We do not share your information with any third parties for their own advertising purposes.

• Your Content is private unless you decide you want to share it in a public communication channel. You may also choose to share using public links or through any of the Service’s features that allow you to co-manage Storage Services . If you choose to share, we may need to take steps to facilitate your collaboration. 

• In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. 
• We contract with third-party advertising networks in order to deliver relevant bqn advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or Service Providers a hashed identifier to serve you relevant bqn ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in the Google Adwords Remarketing, Twitter Tailored Audience and Facebook Custom Audience services. To learn more about the privacy controls that Google, Twitter and Facebook offer and honor for those respective services, please visit here for Google, here for Twitter, and here for Facebook. You may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page.
• We also may share information about you with third parties whenever you consent to or direct such sharing. This includes, for example, if you connect your bqn account with a third-party app.
• OTHER TECHNOLOGIES. We will also collect information using pixel tags and web beacons. These are electronic images that will be used in our Service or emails. We will use them to count visits, understand usage and advertising campaign effectiveness, and determine whether an email has been opened and acted upon.
• We may use your Device ID for security purposes. For example, if you have activated a feature that limits access to a Service from a specific device, our systems will access the Device ID from each device you attempt to access the Service with to determine if the device is the specific authorized device. Additionally, we may use Device IDs to monitor suspicious activity. For example, if we detect that a single account on a Site is being accessed from multiple devices, as determined by tracking the Device IDs that access an account, we may contact the user to ensure that such access has been authorized by the user.

PERSONAL INFORMATION

• Subscriber information. To open your account and process payments, we collect and receive basic information including your name, phone number, email address and other digital profile details.  In order to provide Shipping Services we also collect information related to your address and other property details.  We use geographic information such as your location based on GPS or other sources as well as shipping instructions. 
• For purposes of providing Storage Services we collect additional information such as item labels, descriptions, photos, physical attributes such as weight and dimensions.   For payment processing we collect (but do not store) your payment method and information and use Stripe as a payment processor. 
• We collect Personal Information (a) when you provide it to us or request us to access it; (b) automatically through the Service; and (c) from third parties such as business partners and affiliates.
• We only access the information you provide about your personal property: (i) when you request us to modify it or in connection with a sale or transfer as authorized by You or due to default for non-payment; (ii) when required by court order, law or legal process, or (iii) when disclosure is necessary in our discretion to protect the rights, property or safety of bqn or its affiliates, customers, employees, or others.
• Usage data. We collect and log data on how you and others access and use bqn, for example, the act of creating a note or sharing a note. Usage data may be collected through cookies, and similar technologies.
• Location information. We collect the IP address you use to connect to the Service, and — if you choose to share it — your location information from a mobile device. 
• Device information. We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows). Learn more about information our applications collect from your device.

We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience. 

We vigilantly protect the privacy of your account. We will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process.

We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent. We will notify you if we believe we are compelled to comply with a third party’s legal demand for your information, and we routinely push back on government orders to delay user notice that we view as overly broad. 

In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations.

DATA RETENTION POLICY 

We retain information collected through the utilization of the service and the information you explicitly provide us based on commercially reasonable data retention practices. If you require all Personal information collected on you to be deleted, please do so in writing by contacting us at privacy@bqn.com. Due to the nature of our services, the removal of your Personal Information will necessitate the deactivation of your account and termination of Storage Service.

MINORS

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@bqn.com.

SECURITY

We take security very seriously and use technical and administrative security measures such as but not limited to firewalls, encryption techniques, and authentication procedures, among other commercially acceptable security practices appropriate to the nature of the information we store. Nevertheless, You acknowledge that You accept the inherent risk of data breach or exposure of personal data by using this service. You are responsible for maintaining the confidentiality of your passwords, access tokens and other security credentials.

SUBSCRIPTION

Your right to use bqn Digital Applications is interconnected to your utilization of the Storage Service.  bqn has the right to disable your digital account and access to your digital inventory if you terminate your subscription for Storage Services. bqn has the option, at its sole discretion, to provide a digital inventory only subscription.

Intellectual Property Rights:

The Digital Applications are owned by bqn and are protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons used by bqn or featured on the Digital Applications are proprietary to bqn or its licensors. Nothing contained on the Digital Applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name, including, without limitation, the USI Marks (collectively, “Trademarks”) displayed or featured on the Digital Applications without the prior written permission of bqn. Your use of the Trademarks displayed on the Digital Applications, except as provided herein and in the Trademark Usage Guidelines, is strictly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, except as provided herein or with prior written permission from bqn. The Digital Applications may include the product and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners.

Your Conduct and Use of the Digital Applications:

You agree that You will not use any content or services provided through the Digital Applications for any purpose that is unlawful or contrary to this Agreement. You may not use the Digital Applications in any manner that could damage, disable, overburden, or impair the Digital Applications or interfere with any other party’s use and enjoyment of the Digital Applications. You may not attempt to gain unauthorized access to any account, computer systems, or networks associated with the Digital Applications.

bqn has no obligation to monitor use of the Digital Applications by others. However, bqn reserves the right to review materials posted to the Digital Applications, including to any blogs, and to remove and/or edit any materials in its sole discretion. You agree only to post, send, and receive messages and materials that are lawful and relevant to the Digital Applications.

You agree not to upload, post, or otherwise transmit via the Digital Applications any information that: (i) includes unauthorized disclosure of personal information; (ii) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to bqn or other users of the Digital Applications; (iii) is hateful or is discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age; or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. In addition, you agree not to harvest any email addresses from the Digital Applications for the purpose of sending email in violation of the law or this Agreement. You understand that by using the Digital Applications, you may be exposed to content from others that is offensive, indecent, or objectionable.

Customer Accounts:

As a Digital Applications user or customer (collectively, “Customer”), you will represent yourself accurately and truthfully at all times. You grant to bqn the right to independently verify any information that you post on the Digital Applications about yourself, although bqn does not routinely undertake any verification. bqn reserves the right to constitute classes of users of the Digital Applications, granting access to certain areas of the Digital Applications only to certain users.

Information and Content Submitted by You:

PUBLIC COMMUNICATIONS

You are solely responsible for all items that you upload, post, or otherwise transmit via the Digital Applications. bqn does not claim ownership of such items and has no obligation of any kind with respect to such items. For any content posted to your publicly visible profile and any content posted on public forums, message boards or other reasonable public channels you hereby grant to bqn and all other users of the Digital Applications an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish, and otherwise exploit such items (including in digital form) alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

No compensation will be paid with respect to the use of any items that you upload, post, or otherwise transmit via the Digital Applications. bqn is under no obligation to post or use any such items and bqn may remove any such items at any time in its sole discretion. You represent and warrant that: (i) you are the copyright owner of such items, or that the copyright owner of such items has granted to you permission to use such items consistent with the manner and purpose of your use and as otherwise permitted by this Agreement and the Digital Applications; (ii) you have the rights necessary to grant the licenses and sublicenses described in this Agreement; and (iii) that each person depicted in such items, if any, has provided all required consent to the use of such depictions as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such depictions.

PROPRIETARY AND CONFIDENTIAL INFORMATION

Neither bqn nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demonstrations, or other works. the sole purpose of this policy is to avoid potential misunderstandings or disputes when bqn’s products or marketing strategies might seem similar to ideas submitted to bqn. Please do not send your unsolicited ideas to bqn or anyone at bqn. If, despite our request that you NOT send to us your ideas and materials, you still send them, please understand that bqn makes no assurances that your ideas and materials will be treated as confidential or proprietary.

You agree to indemnify, defend, and hold harmless bqn and its subsidiaries, affiliates, parent companies, officers, managers, members, agents, co-branders, partners, licensors, and employees from any claim or demand, including, without limitation, court costs and reasonable attorneys’ fees, made by any third party relating to or arising out of: (i) items you upload, post or otherwise transmit via the Digital Applications; (ii) your use of the Digital Applications, including any use by your employees; (iii) your connection to the Digital Applications; (iv) your violation of this Agreement; or (v) your violation of any rights of another.

STORAGE SERVICES CONTENT

With respect to digital inventory and “non-public” content uploaded for purposes of utilizing Storage Services bqn will be free to use such items for the provision of said services, bqn makes every effort to protect all information entered by you about the contents of Your property, including photographs and programmatically derived information as confidential and restrict access by other customers as well as our employees.  However, bqn, its employees, agents and representatives, may as part of providing service to you and/or operations of our software have access to your photographs and other inventory information you provide.

Links

Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by bqn and are maintained by third parties over which bqn exercises no control. Accordingly, bqn expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and bqn takes no responsibility for them.

Disclaimer of Warranties:

ALL CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, TRADEMARKS, AND ANY SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, bqn AND ITS AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AND SERVICES AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. bqn DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THE SITE (INCLUDING ANY SOFTWARE) OR ANY DATA ON THE SITE OR ANY SERVICES IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT, DATA, OR SERVICES WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT, DATA, OR SERVICES AND THE SERVERS ON WHICH THE SITE, CONTENT, AND SERVICES ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, bqn DISCLAIMS ANY OBLIGATION TO MAINTAIN THE DIGITAL APPLICATIONS OR KEEP THEM OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE DIGITAL APPLICATIONS AND THE CONTENT AND SERVICES IT PROVIDES. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS PROVIDED HEREIN APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL bqn OR ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, OFFICERS, MANAGERS, MEMBERS, AGENTS, CO-BRANDERS, PARTNERS, LICENSORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “bqn PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF bqn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (B) THE USE OR THE INABILITY TO USE ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (C) THE CONTENT OF THIS SITE OR OTHER WEB SITES TO WHICH THIS SITE IS LINKED; (D) ANY VIRUSES OR HARMFUL COMPONENTS DERIVED FROM THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (H) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.

Choice of law and venue:

This Agreement and the relationship between you and bqn shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and bqn agree to submit to the personal and exclusive jurisdiction of the courts located within Denver County, Colorado.

Notices:

Except as otherwise expressly provided in this Agreement, bqn may provide notice to you via email, regular mail, or posting notices or links to notices on the Digital Applications.

Amendment:

bqn may change this Agreement, including the Privacy Policy, the Copyright Infringement Notice Policy, and the Trademark Usage Guidelines, at any time, effective immediately. You understand that bqn reserves the right to make these changes and that you are responsible for regularly reviewing these terms. Your continued access to or use of the Digital Applications after any change will constitute your consent to the change. In some cases, if in the reasonable view of bqn, a change to this Agreement (including to the Privacy Policy, Copyright Infringement Notice Policy, or Trademark Usage Guidelines) constitutes a material change, such a change will not take effect until 30 days after notice is provided by email, posting to the Digital Applications, or otherwise, during which time you may notify us that you do not accept the change. Your continued use of the Digital Applications after such 30 day period will mean that you accept any such change. Unless explicitly stated otherwise, any new features that change or improve the Digital Applications will be subject to this Agreement, as modified from time to time. No modification of this Agreement will be binding on bqn unless posted by bqn, or unless adopted in writing and signed by someone authorized to act on behalf of bqn.

Termination:

bqn reserves the right at any time to modify, suspend, or terminate the Digital Applications (or any part thereof), with or without notice. bqn will not be liable to you or to any third party for any modification, suspension, or termination of all or any portion of the Digital Applications, or loss of related information. bqn reserves the right in its sole discretion to terminate or restrict your access to and use of the Digital Applications, or any part of the Digital Applications, without notice, for any or no reason, and without liability to you or any third party. The portions of this Agreement relating to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, and Choice of Law and Venue, and all terms of this Agreement which by their nature should survive, shall survive the termination or expiration of this Agreement.

Trademark Usage

bqn’s  trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to bqn’s Trademark Usage Guidelines. Nothing in these Guidelines grants the right to use any bqn Trademarks in any manner or to acquire any domain names that include any bqn Trademarks. These Trademark Usage Guidelines may be modified by bqn from time to time, in bqn’s sole discretion. Licensees of bqn and other third parties may be subject to additional use restrictions.

Use of bqn Trademarks

bqn Trademarks should only be used to refer to bqn products and services, and only in a manner that is true, accurate, not misleading and fair.

The bqn company logo and its trade dress should not be used without the company’s express written authorization. Likewise, its trademarks and service marks should not be used in their stylized form without the company’s express written authorization; they should be used only in standard text with initial caps or all caps.

The bqn Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of bqn’s ownership of the Trademarks. Use ™ (for “trademark”) or SM (for “service mark”) for unregistered marks or   for registered marks, and/or use the following form of acknowledgement: “bqn and the company logo are trademarks of bqn.”

Do not use a bqn Trademark as a noun, in a plural form, or in a possessive form. A bqn Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: “bqn products and services help you organize your property.”

Do not incorporate bqn Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language

bqn Trademarks

bqn is developing new products and services, and anticipates that it will launch new trademarks, service marks and trade dress designs in the future. bqn Trademarks currently include, but are not limited to:

• bqn
• 4Later

APPLE TERMS

These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application.

• Both you and bqn acknowledge that the Terms are concluded between you and bqn only, and not with Apple, and that Apple is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that bqn, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, bqn, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and bqn acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• Both you and bqn acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

General Terms:

You may not assign or otherwise transfer this Agreement or any right granted hereunder. You agree that any material breach of this Agreement will result in irreparable harm to bqn for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, bqn will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if bqn seeks such an injunction.

Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of this Agreement will remain in full force and effect.

bqn’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of bqn’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Digital Applications or information provided to or gathered by bqn with respect to such use.

A printed version of this Agreement and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.