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Terms of Service

Last updated: September 26th, 2023

BY INSTALLING OR USING THE REBOKEH MOBILE APPLICATION, INCLUDING ANY MATERIALS AND FUNCTIONALITY THEREON (THIS “APP”), YOU (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS APP. Access to and use of this App is provided by ReBokeh Vision Technologies, Inc. (“ReBokeh”, “we”, “us” or “our”) subject to the following Terms.

 

PLEASE BE AWARE THAT THE SECTION OF THESE TERMS ENTITLED “DISPUTE RESOLUTION” CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND REBOKEH HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST REBOKEH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. ALSO, THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST REBOKEH AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE APP.

 

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

 

  1. Your Acceptance of Terms; Changes to Terms; Additional Terms

 

If you do not agree with any of these Terms, please do not access or use this App. By accessing and using this App, you will be deemed to have irrevocably agreed to these Terms.

 

Please note that these Terms may be revised and reissued without notice at any time in our sole discretion. Modifications will be posted on the App or by updating this page, and will be effective as of the date of posting. We will endeavor to notify you of any material modifications to these Terms. You should visit this page regularly to review the current Terms. Your continued use of this App following the posting of changes to these Terms will be deemed as irrevocable acceptance of any revisions. The “last updated” date at the top of this page will be revised to reflect the posting date of the current Terms.

 

ReBokeh reserves the right to withdraw, amend, modify, discontinue, or restrict your access to (temporarily or permanently) all or any portion of this App, and any service or material we provide on this App, in our sole discretion at any time and without notice, and/or to establish general guidelines and limitations on their use. We will not be liable if, for any reason, all of any part of the App is unavailable. You are responsible for making all arrangements necessary for you to have access to the App.

 

  1. No Medical Advice

 

The information, files, documents, text, photographs, images, audio, and any materials accessed through or made available for use or download through our App (“Content”), including, without limitation, any information about conditions or treatments, are for informational purposes only. The Content is not intended to be and is not a substitute for professional medical advice, diagnosis, or treatment. Nothing on our App should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. We do not monitor or authenticate the information contained on our App for accuracy, safety, or reliability. Inclusion of Content in our App does not mean that ReBokeh supports or recommends a specific treatment, test, or other information on our App. Any reliance on such Content is solely at your own risk. You should consult a doctor or other qualified health care professional regarding any questions you have about your health or before making any decisions related to your health or wellness.

 

If you are a doctor or other qualified health care professional, you should not allow the Content of our App to substitute for your own medical judgment, which you should exercise in evaluating the information on our App. Please thoroughly review the information provided on our App before deciding whether it is right for you or others.

 

  1. Registration

 

To access this App, you will be asked to register an account and provide certain information about yourself. It is a condition of use of this App that all the details you provide be correct, current, and complete. If we at ReBokeh believe the details are not correct, current, or complete, we have the right to refuse you access to the App, or any of its resources, and to terminate or suspend your account.

 

Any usernames and passwords used for this App are for individual use only. You shall be responsible for the security of your username and password (if any). ReBokeh shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username or password that ReBokeh considers insecure, ReBokeh is entitled to require them to be changed and/or terminate your account.

 

We will assume (and, by using this App, you represent and warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are not a minor under the law in your applicable jurisdiction, you have sufficient mental capacity and are otherwise entitled to be legally bound in contract).

 

  1. How To Contact Us

 

This App is controlled and operated by ReBokeh located at 307 Washington Ave. Towson, MD 21204. Please forward any questions or comments about the App to info@rebokeh.com

 

  1. Privacy Policy

 

Your privacy is important to us. We provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on this App. Click here to review the ReBokeh Privacy Policy (“Privacy Policy”), which forms a part of these Terms.

 

  1. Intellectual Property

 

This App and its Content, features and functionality, including, software, data, diagrams, text displays, video and audio and other materials as well as characters, logos and images (collectively, “Material”) are protected by copyrights, patents, trade secrets, registered or unregistered trademarks, trade names and/or service marks or other proprietary rights (“Intellectual Property”) under the laws of the United States and other countries, and as between you and ReBokeh, are owned by ReBokeh, its licensors or other providers of such Material. ReBokeh respects the Intellectual Property rights of others and asks users of this App to do the same. Subject to, and conditioned on, your compliance with these Terms, ReBokeh hereby grants to you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, royalty-free right and license to: (i) use Material for your internal non-commercial use; and (ii) to use the App to access resources offered by ReBokeh and its licensors. You will not use ReBokeh’s name, logos, or trademarks, without our prior written consent.  Subject to the foregoing, you own all rights, title, and interest in and to all of Your Content (defined below). Except as expressly provided in these Terms, neither party grants, nor shall the other party acquire, any right, title, or interest (including any implied license) in or to any property of the first party or its affiliates under these Terms. All rights not expressly granted in these Terms are withheld.

 

If you provide us feedback about the App or Material, you hereby grant to ReBokeh an unlimited, worldwide, royalty-free, perpetual, sublicensable (including through multiple tiers), and irrevocable right and license to use, share, commercialize, and otherwise exploit your feedback in any manner and for any purpose without any obligation to you.

 

  1. Your Use of Material

 

Your right to make use of this App and any Material made available on the App is subject to your compliance with these Terms. Modification or use of any Material for any purpose not permitted by these Terms may be a violation of ReBokeh’s or a third party’s Intellectual Property rights and is prohibited.

 

You agree not to use the App or the Material available on the App: (i) in violation of these Terms or any applicable law; (ii) to post or upload information or content that is false, inaccurate, or misleading; (iii) to transmit or display any material that is illegal, abusive, graphically distressing, inflammatory, profane, threatening, hateful, tortious, defamatory, discriminatory, obscene, sexually explicit or contains pornography, libelous, invasive of another’s privacy, hateful, or otherwise objectionable or offensive, or to harass or harm ReBokeh, another entity or another individual; (iv) to infringe any Intellectual Property or other proprietary rights or rights of publicity or privacy of any party; (v) to transmit any unsolicited or unauthorized advertising or promotional materials; (vi) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (vii) to impersonate any person or entity, or otherwise misrepresent the your affiliation with a person or entity; (viii) to interfere with or disrupt the App or any software, hardware, telecommunications equipment or networks used by ReBokeh; (ix) disparage or injure the reputation or goodwill of ReBokeh, or any of its officers, directors, or employees; (x) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (xi) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the App or (xii) use this App in any manner with the intent to interrupt, damage, disable, overburden, or impair this App, or interfere with any other party’s use and enjoyment of this App.

 

You are prohibited from violating or attempting to violate the security of the App, including, without limitation: (a) using any Material on any other website, mobile application or networked computer environment; (b) decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this App into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software; (c) engaging in spidering, “screen scraping,” “database scraping,” harvesting of user information, or any other automatic means of accessing, logging-in or registering on this App, or obtaining lists of users or obtaining or accessing other information from or through this App; (d) obtaining or attempting to obtain through any means, any data, materials or information not intended for you, or not intentionally made publicly available or provided for through this App; (e) logging onto a server or an account which you are not authorized to access; (f) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and (g) interfering or attempting to interfere with use of the App by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the App. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted on the App.

 

If you become involved in any violation of system security, ReBokeh reserves the right to release your details to system administrators for other websites or mobile applications in order to assist them in resolving security incidents.

 

Please act responsibly when using this App. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the App is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this App are the sole responsibility of the sender, not ReBokeh, and that you are responsible for all material you upload or otherwise transmit to, or through, this App.

 

  1. Your Content

 

If you submit information or material through any means (collectively, “Your Content”) to the App, subject to compliance with Privacy Policy, you grant ReBokeh a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. Subject to Privacy Policy, you grant ReBokeh and its sublicensees the right to use the name, screen name, city or zip code, and other biographical information that you submit in connection with Your Content. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you submit, including any Intellectual Property or other proprietary rights other than content that you clearly identify as content belonging to a third party; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of the App set forth above; and (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity, including any privacy or security risk. Subject to compliance with Privacy Policy, ReBokeh has no responsibility for any of Your Content or the consequences of you sharing any of Your Content with others.

 

  1. Geographic Restrictions

 

ReBokeh is based in the State of Maryland in the United States and the App is controlled and operated by us from our offices within the United States. The App is not intended to subject us to the laws or jurisdictions of any state, country or territory other than the United States although the App may be compliant with such laws. ReBokeh makes no claims that the App or any of its Material is accessible or appropriate outside of the United States, its territories, possessions and protectorates. Access to the App may not be legal by certain persons or in certain countries. If you access or use the App from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws with respect to such access and use. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

  1. Investigations

 

ReBokeh reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to the App, and to take appropriate legal action against anyone who violates these Terms. ReBokeh may seek to gather information from the user who is suspected of violating these Terms and from any other user in connection with such an investigation. ReBokeh may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ReBokeh believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. ReBokeh may report violations to law enforcement authorities and cooperate with any law enforcement authorities or court order requesting or directing ReBokeh to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS REBOKEH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REBOKEH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REBOKEH OR LAW ENFORCEMENT AUTHORITIES.

 

  1. Third Party Sites

 

This App may link you to other websites or mobile applications that are not affiliated with ReBokeh (“Third Party Sites”). These Third Party Sites are not under the control of ReBokeh, and you acknowledge that ReBokeh is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Sites. The inclusion of such a link does not imply endorsement of any Third Party Sites by ReBokeh or any association with such Third Party Site’s operators. Links to such Third Party Sites are for provided for convenience only, and you access them at your own risk.

 

We take no responsibility and assume no liability for any third parties’ access or use of any content or information that you submitted to the Third Party Sites. You are responsible for verifying all of the content and information available on Third Party Sites before relying on it. ReBokeh has not taken any steps to confirm the accuracy or reliability of any of the information contained in such Third Party Sites. ReBokeh does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any Third Party Sites, and you irrevocably waive any claim against us with respect to such Third Party Sites. To the extent that such Third Party Sites collect personal information from you, ReBokeh shall not assume or have any responsibility or liability for the manner in which such information is used or exploited, or for any claims, damages, or losses resulting from their use or exploitation on or by such Third Party Sites.

 

  1. Disclaimer of Warranties

 

YOU UNDERSTAND AND AGREE THAT ACCESS AND YOUR USE OF THIS APP AND THE MATERIAL IS AT YOUR SOLE RISK. THIS APP AND ALL MATERIAL AND SERVICES MADE AVAILABLE ON THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF REBOKEH AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF REBOKEH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, WITH RESPECT TO THE APP AND THE MATERIAL. REBOKEH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVERS THAT MAKE THIS APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REBOKEH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL OR SERVICES MADE AVAILABLE ON THIS APP OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REBOKEH MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS OR SERVICES MADE AVAILABLE ON THIS APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND REBOKEH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS OR SERVICES MADE AVAILABLE ON THIS APP. REBOKEH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. REBOKEH DISCLAIMS ALL EQUITABLE INDEMNITIES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Limitation of Liability

 

REBOKEH DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT WILL REBOKEH, OR ITS SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS, ANY USE OF, OR INABILITY TO USE, THIS APP OR THE MATERIAL OR SERVICES MADE AVAILABLE ON THIS APP OR ANY THIRD PARTY SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF REBOKEH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT REBOKEH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. SHOULD REBOKEH BE FOUND TO BE LIABLE TO THE USER OF ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED USD $100.00 IN THE AGGREGATE.

 

  1. Termination

 

These Terms shall remain in effect for as long as you use the App. It will expire in the event of the App is no longer being made available or supported by ReBokeh or upon termination of your account. We have the right to terminate these Terms, and suspend or revoke your access to all or any portion of the App and Material, at any time for any reason. You may terminate these Terms by discontinuing the use of the App and Material.

 

Upon termination or expiration, all rights granted to you under these Terms will terminate; however, all provisions of these Terms that by their nature shall survive any termination or expiration of these Terms shall survive.

 

  1. Indemnity

 

You agree to indemnify, release, and hold harmless ReBokeh and each of its respective officers, directors, employees, agents, distributors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of these Terms and/or from any representations or warranties you made herein, and/or from your placement or transmission of any content onto ReBokeh’s servers, and/or from any and all use of this App, the Material, or your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this indemnity. In such event, you shall provide us with such cooperation as is reasonably requested by us. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

  1. Notice and Procedure for Making Claims of Infringement

 

ReBokeh respects the intellectual property of others. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that any content used or displayed on or through on this App infringes your copyright rights, please send us a notice to our Copyright Agent (as identified below) requesting that the material be removed or access to it blocked.

For the notice to be effective, it must be in writing and must include the following information:

 

  • your name, address, telephone number, and e-mail address;

 

  • a description of the copyrighted work that you claim has been infringed;

 

  • a description of the material that you claim to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our App, such as the exact URL or a description of each place where alleged infringing material is located;

 

  • a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

 

  • your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

 

  • a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

  1. Copyright Agent

Notices, and (if applicable) counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding the Material, Your Content, other user’s content, or otherwise relating to the App should be sent to:

 

ReBokeh Vision Technologies, Inc.

307 Washington Ave.

Towson, MD 21204

 

info@rebokeh.com (Please note that this email address is solely for the purpose of notifying ReBokeh that you feel that any material on this App infringes your rights in accordance with the above. This address is not intended for any other purpose, such as requests for permission to use content owned or controlled by any division of ReBokeh. For any such requests, please contact the relevant division directly through the contact details specified on their website for that purpose.)

 

ReBokeh seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. ReBokeh maintains a policy that provides for the termination in appropriate circumstances of use privileges with respect to this App of users who are repeat infringers of Intellectual Property rights.

 

  1. Electronic Communications Notice

 

When you use the App or send emails to ReBokeh, you are communicating with ReBokeh electronically. You consent to receiving communications from ReBokeh electronically. ReBokeh may communicate with you by email or posting notices on the App. You agree that all agreements and other communications that ReBokeh provides to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw consent for ReBokeh to communicate with you electronically, you may not use the App.

 

  1. Mobile Device Usage

 

Your wireless service carrier’s standard charges, data rates and other fees may apply to your use of the App. In addition, downloading, installing, or using certain elements of the App may be prohibited or restricted by your carrier, and not all aspects of the App may work with all carriers or devices. By using the App, you agree that ReBokeh may communicate with you by electronic means and that certain information about your usage of the App may be communicated to ReBokeh.

 

  1. App Store Flow Down Terms

 

The following terms and conditions apply to you only if you acquired the App from the Apple App Store. To the extent any other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions set forth in this paragraph, the terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between the you and ReBokeh, not Apple Inc. (“Apple”), and that Apple has no responsibility for the App or content thereof.  Use of the App must comply with the Apple Media Services Terms and Conditions. You acknowledge and agree that the license granted to you for the App is limited to a non-transferable license as defined in these Terms to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and ReBokeh acknowledge that Apple is not responsible for addressing any user or third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. As set forth in “Limitation of Liabilities” provision above, the terms and conditions set forth in these Terms limit ReBokeh’s liability to the extent permitted by applicable law. You and ReBokeh acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s Intellectual Property rights, ReBokeh, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You represent and warrant that (a) 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 (b) you are not listed on any U.S. government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the App. You and ReBokeh acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, 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 a third party beneficiary thereof.

 

  1. Dispute Resolution

 

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, as they are applied to agreements entered into and to be performed entirely within Maryland. Any action you, any third party or ReBokeh may bring to enforce these Terms or in connection with any matters related to this App shall be brought only in either the State or Federal Courts located in Baltimore, Maryland, and you expressly consent to the jurisdiction of said courts. YOU AND REBOKEH HEREBY WAIVE ANY CONSTITUTIONAL AND/OR STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST REBOKEH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

 

  1. Entire agreement; Waiver; Severability

 

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, you nevertheless agree that the court should endeavor to give effect to ReBokeh’s intentions as reflected in the provision, and that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions. These terms, together with the Privacy Policy and any additional terms constitute the entire agreement between the parties relating to the matters contained herein, and govern the use of the App, superseding any prior agreements or negotiations between ReBokeh and the you with respect to that subject matter. ReBokeh’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

  1. Accessibility and Accommodation

 

ReBokeh is committed to diversity. In keeping with this commitment, ReBokeh endeavors to ensure accessibility to its facilities, information, goods and services and provides accommodations of disabilities in accordance with applicable law. For more information please contact: info@rebokeh.com

 

  1. Miscellaneous

 

  • Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and ReBokeh. ReBokeh and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

 

  • Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.

 

  • Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to ReBokeh. Accordingly, you agree that, if you violate or breach these Terms, ReBokeh shall have the right to seek injunctive relief against you in addition to any other legal remedies that ReBokeh may have.

 

  • Notices. All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. ReBokeh accepts service of process at this address:

 

ReBokeh Vision Technologies, Inc.

307 Washington Ave.

Towson, MD 21204

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