Last Updated Date: 2017-02-16
MMT provides a platform where you can convert your workout sessions into vouchers that you can use towards products. MMT has agreements with providers of fitness data devices (each, a “Fitness Data Device”) and related applications (“Fitness Applications”) and a select number of companies (“Brand Sponsors”) that offer vouchers (“Brand Sponsor Vouchers”) that can be used by you to purchase goods and services that Brand Sponsor offers for sale to you through the Service (“Brand Sponsor Products”) (collectively, the “Brand Sponsor Program”). When you sync your Fitness Data Device with the Service, each of our Brand Sponsors converts your fitness data (e.g., minutes of workout, calories burned, distance covered, etc.) (“Fitness Data”) into voucher points that represent cash equivalents based on the formula(s) (“Changing Rate(s)”) set forth in each Brand Sponsor Program. You can redeem the points you accumulate on a Brand Sponsor Voucher for Brand Sponsor Products that are offered by that Brand Sponsor through the Service.
By obtaining Brand Sponsor Vouchers and using Brand Sponsor Vouchers to purchase Brand Sponsor Products via the Service, you agree to the following :
2.1 .General. Descriptions of the Brand Sponsor Products advertised on the Service are provided by the Brand Sponsor. MMT is not responsible for any performance or quality claims associated with each Brand Sponsor Program and/or the Brand Sponsor Products. Pricing relating to Brand Sponsor Products offered through the Service may change at any time in Brand Sponsor’s discretion without notice. Brand Sponsor may make prospective changes to Brand Sponsor’s Changing Rates through the MMT Service at any time.
2.2 Voucher Redemption.
The Application, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined below) (collectively, “Our Properties”) are protected by copyright laws throughout the world. Subject to the Terms, MMT grants you a limited license to reproduce portions of Our Properties for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by MMT in a separate license, your right to use Our Properties is subject to the Terms.
3.1 Application License. Subject to your compliance with the Terms, MMT grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile phone that you own or control and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
3.2 Updates. You understand that Our Properties are evolving. As a result, MMT may require you to accept updates to Our Properties that you have installed on your mobile phone. You acknowledge and agree that MMT may update Our Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use Our Properties.
3.3 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Properties or any portion of Our Properties; (b) you shall not use any metatags or other “hidden text” using the Company’s name or trademarks; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Our Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from Our Properties ; (e) you shall not access Our Properties in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of Our Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Our Properties. Any future release, update or other addition to Our Properties shall be subject to the Terms. MMT, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Our Properties terminates the licenses granted by MMT pursuant to the Terms.
4.1 Registering your Account. In order to access certain features of Our Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account through our Application (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
4.2 Access through an SNS. If you access the Services through an SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing MMT to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to MMT and/or grant MMT access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MMT to pay any fees or making MMT subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
4.3 Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Our Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Our Properties by minors. You may not share your Account or password with anyone, and you agree to notify MMT immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or MMT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MMT has the right to suspend or terminate your Account and refuse any and all current or future use of Our Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time and shall not use more than one Fitness Data Device per Account. You agree not to create an Account or use Our Properties if you have been previously removed by MMT, or if you have been previously banned from any of Our Properties.
4.4 Registration Restrictions. Your Account will expire and you will lose any Brand Sponsor Vouchers earned if your Account is not maintained with current information. Your Account and any Brand Sponsor Vouchers are non-transferrable. You cannot sell, combine, or otherwise share it with any other person. You agree not to falsify or manipulate Fitness Data. Any violation of these Terms, including failure to maintain updated and correct information about your Account, will cause your Account to fall out of good standing, and MMT may cancel your Account in its sole discretion. If your Account is cancelled, you may forfeit any pending, current or future Brand Sponsor Vouchers and any other forms of unredeemed value in your Account.
4.5 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Our Properties, including but not limited to, a mobile phone or other Fitness Data Device that is suitable to connect with and use Our Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Our Properties.
5.1 Content. “Content” is defined as any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Our Properties, but specifically excludes Fitness Data. You acknowledge that all Content, including Our Properties, is the sole responsibility of the party from whom such Content originated.
5.2 Storage. Unless expressly agreed to by MMT in writing elsewhere, MMT has no obligation to store any Fitness Data uploaded to Our Properties. MMT has no responsibility or liability for the deletion or accuracy of any Content, including Fitness Data; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Our Properties.
6.1 Our Properties. Except with respect to Fitness Data, you agree that MMT and its suppliers own all rights, title and interest in Our Properties (including but not limited to, any computer code, concepts, artwork, animations, sounds, methods of operation, moral rights, documentation and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Our Properties.
6.2 Trademarks. ”MMT” and other related graphics, logos, service marks and trade names used on or in connection with Our Properties are the trademarks of MMT and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Our Properties are the property of their respective owners.
6.3 Other Content. Except with respect to Fitness Data and Your Content, you agree that you have no right or title in or to any Content that appears on or in Our Properties.
6.4 Fitness Data. MMT does not claim ownership of Fitness Data.
6.5 License to Fitness Data. You grant the MMT a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your Fitness Data (in whole or in part) for the purposes of operating and providing Our Properties to you and to our Brand Sponsors. You warrant that the holder of any worldwide intellectual property right, including moral rights, in such Fitness Data, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not MMT, are responsible for all of Fitness Data that you upload to Our Properties.
6.6 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of MMT.
6.7 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to MMT through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that MMT has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MMT a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Our Properties.
As a condition of use, you agree not to use Our Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party to) take any action that: (i) interferes with or attempts to interfere with the proper functioning of Our Properties or uses Our Properties in any way not expressly permitted by the Terms; or (ii) attempts or engages in, any potentially harmful acts that are directed against Our Properties, including but not limited to violating or attempting to violate any security features of Our Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Our Properties, introducing viruses, worms, or similar harmful code into Our Properties, or interfering or attempting to interfere with use of Our Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” Our Properties.
8.1 Brand Sponsor Websites & Fitness Applications. Our Properties may contain links to third-party websites and applications (“Brand Sponsor Websites & Fitness Applications”). When you click on a link to a Brand Sponsor Website or Fitness Application, we will not warn you that you have left Our Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Brand Sponsor Websites & Fitness Applications are not under the control of MMT. MMT is not responsible for any Brand Sponsor Websites & Fitness Applications. MMT provides these Brand Sponsor Websites & Fitness Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Brand Sponsor Websites & Fitness Applications, or their products or services. You use all links in Brand Sponsor Websites & Fitness Applications at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Brand Sponsor Websites & Fitness Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
8.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third-party from which you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and MMT and not with the App Store. MMT, not the App Store, is solely responsible for Our Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Our Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Our Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
You agree to indemnify and hold MMT, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “MMT Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Fitness Data; (b) your use of, or inability to use, Our Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. MMT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MMT in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Our Properties.
10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR PROPERTIES IS AT YOUR SOLE RISK, AND OUR PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MMT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.2 No Liability for Conduct of Brand Sponsors and Fitness Applications. YOU ACKNOWLEDGE AND AGREE THAT MMT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MMT PARTIES LIABLE, FOR THE CONDUCT OF BRAND SPONSORS AND FITNESS APPLICATIONS, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH BRAND SPONSORS AND FITNESS APPLICATIONS RESTS ENTIRELY WITH YOU.
11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MMT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OUR PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OUR PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO OUR PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
11.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL MMT PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
11.3 Fitness Data. MMT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY FITNESS DATA, CONTENT OR PERSONALIZATION SETTINGS.
11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MMT AND YOU.
12.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Our Properties, unless terminated earlier in accordance with the Terms.
12.2 Prior Use. Notwithstanding the foregoing, if you used Our Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Our Properties (whichever is earlier) and will remain in full force and effect while you use Our Properties, unless earlier terminated in accordance with the Terms.
12.3 Termination of Services by MMT. If you have materially breached any provision of the Terms, or if MMT is required to do so by law (e.g., where the provision of the Website, the Application or the Services is, or becomes, unlawful), MMT has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in MMT’s sole discretion and that MMT shall not be liable to you or any third party for any termination of your Account.12.4 Termination of Services by You. If you want to terminate the Services provided by MMT, you may do so by (a) notifying MMT at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to MMT's address set forth below.
12.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Fitness Data. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Fitness Data associated therewith from our live databases and that you may forfeit any pending, current or future Vouchers and any other forms of unredeemed value in your Account. MMT will not have any liability whatsoever to you for any suspension or termination, including for deletion of Fitness Data. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
13.1 Violations. If MMT becomes aware of any possible violations by you of the Terms, MMT reserves the right to investigate such violations. If, as a result of the investigation, MMT believes that criminal activity has occurred, MMT reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. MMT is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Our Properties, including Fitness Data, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to your requests for customer service; (4) protect the rights, property or personal safety of MMT, its Users or the public, or (5) in connection with all enforcement actions or to government officials, as MMT in its sole discretion believes to be necessary or appropriate.
13.2 Breach. In the event that MMT determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Our Properties, MMT reserves the right to:
13.3 No Subsequent Registration. If your registration(s) with or ability to access Our Properties, or any other MMT community is discontinued by MMT due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Our Properties or any MMT community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, MMT reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
This Website can be accessed from countries around the world and may contain references to Our Properties and Content that are not available in your country. These references do not imply that MMT intends to announce such Our Properties or Content in your country. Our Properties are controlled and offered by MMT from its facilities in the United States of America. MMT makes no representations that Our Properties are appropriate or available for use in other locations. Those who access or use Our Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15.1 Electronic Communications. The communications between you and MMT use electronic means, whether you visit Our Properties or send MMT e-mails, or whether MMT posts notices on Our Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from MMT in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MMT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
15.2 Release. You hereby release MMT Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Our Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
15.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MMT’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.4 Force Majeure. MMT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
15.5 Compliance. If you believe that MMT has not adhered to the Terms, please contact MMT by emailing us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
15.6 Limitations Period. YOU AND MMT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, OUR PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.7 Dispute Resolution and Arbitration Agreements.
15.8 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15.9 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
15.10 Notice. Where MMT requires that you provide an e-mail address, you are responsible for providing MMT with your most current e-mail address. In the event that the last e-mail address you provided to MMT is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, MMT’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to MMT at the following address: ___. Such notice shall be deemed given when received by MMT by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
15.11 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.12 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.13 Export Control. You may not use, export, import, or transfer Our Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Our Properties, and any other applicable laws. In particular, but without limitation, Our Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Our Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Our Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by MMT are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer MMT products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.15.14 Accessing and Download the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
15.15 Consumer Complaints. In accordance with California Civil 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 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15.16 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.End of Terms