HOGO^® Mobile App Terms and Conditions

IMPORTANT-READ CAREFULLY: The following terms and conditions set forth the conditions on which ConsumerDirect, Inc. ("ConsumerDirect^®") will provide access to the HOGO^® services through the software (the "Software") available to you (the "User") for downloading via websites or software offering applications using an Apple, Inc.-branded mobile device. By downloading, installing, or using the Software, you agree to be bound by these terms.

1. License.
   1. 1.1. ConsumerDirect^® hereby grants a non-exclusive, non-transferable, limited license for User to install the Software on an Apple Inc.-branded product that User owns or controls, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. This license is subject to any additional restrictions imposed by the operator of the website or platform from which the Software is downloaded or by the manufacturer, provider, or seller of the device on which the Software is installed. User agrees to use the Software for access to HOGO^® Services only, and not for any other purpose, and to respect the confidentiality of the Software source code.
2. Restrictions.
   1. 2.1. User shall not directly or indirectly copy, reproduce, distribute, transfer, reverse-engineer, modify, decompile, or disassemble the Software or any portion thereof other than as permitted herein. In order to access the HOGO Services, User must enter into a separate subscriber agreement with ConsumerDirect^®. User agrees to abide by all terms and conditions of the separate subscriber agreement with ConsumerDirect^®, which shall govern access to the HOGO^® Services through the Software. Nothing in these terms and conditions shall be construed to alter, amend, or limit the provisions of the subscriber agreement. ConsumerDirect^® may, in its sole discretion, decline to enter into a HOGO^® Services subscriber agreement with User, in which case user shall uninstall the Software and the license granted herein shall terminate.
3. Termination.
   1. 3.1. The license granted by these terms and conditions will become effective upon installation of the Software and shall continue in effect until terminated in accordance herewith. ConsumerDirect^® may at any time, and without prejudice to its other rights or remedies, immediately terminate the license granted hereby and/or suspend access to the HOGO^® Services and/or the Software, in the event that User fails to comply with any of these terms and conditions.
   2. 3.2. ConsumerDirect^® may terminate the license granted hereby for any reason upon 30 days' written or online notice to User. Any termination of User's HOGO^® Services subscriber agreement, for any reason whatsoever, shall result in concurrent termination of the license granted herby.
   3. 3.3. In the event of any termination under this Section 3, User shall immediately uninstall and delete all copies of the Software and shall not attempt any further access to the HOGO^® Services through the Software.
4. Proprietary Rights.
   1. 4.1. User acknowledge and agrees that the Software is provided under license, and not sold, to User. User does not acquire any ownership interest in the Software, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all of these terms, conditions, and restrictions. ConsumerDirect^® and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to User herein.
5. Security and Protection.
   1. 5.1. User shall use his/her best efforts and take all reasonable steps to safeguard User's copy of the Software to ensure that no unauthorized reproduction, disclosure, modification, publication, or distribution of Software, in whole or in part, is made. To the extent that User becomes aware of any such unauthorized use of the Software and any licensed content, User shall immediately notify ConsumerDirect^®.
6. Collection and Use of Personal Information.
   1. 6.1. User acknowledges that by downloading, installing, or using the Software, ConsumerDirect^® may collect and use technical data and related information—including but not limited to technical information about User's device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Software. User may also may be required to provide certain information himself/herself as a condition to using the HOGO^® Services. ConsumerDirect^® may use this information to improve the Software and other ConsumerDirect^® products or to provide services (including the HOGO^® Services) and technologies to User and other users.
7. Disclaimer of Warranties.
   1. 7.1. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE SOFTWARE IS PROVIDED TO USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET USER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
   2. 7.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONSUMERDIRECT^® BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOST PROFITS, LOST DATA, OR OTHERWISE. IN NO EVENT SHALL CONSUMERDIRECT^®'S AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF ANY FEES PAID BY THE USER FOR THE LICENSE OF THE SOFTWARE.
9. Indemnification. User represents and warrants to ConsumerDirect^® that User's use of the Software is not for any illegal or injurious purpose(s) and that User will not use the Software in violation of any law or regulation. User agrees to indemnify and hold harmless ConsumerDirect^® from and against any and all loss, damage, claim, judgment, penalty, fine, or expense (including attorneys' fees), or liability of whatever kind arising from or relating to User's use of the Software.
10. Terms Specific to Use on Apple-branded Products. ConsumerDirect^® and User each acknowledge and agree that:
    1. 10.1. these terms are concluded between one another only, and not with Apple, Inc, and that ConsumerDirect^® is solely responsible for the Software and the content thereof.
    2. 10.2. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
    3. 10.3 in the event of any failure of the Software to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Software to User. Furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ConsumerDirect^®'s sole responsibility, as set forth in these terms and conditions.
    4. 10.4. ConsumerDirect^®, not Apple, is responsible for addressing any claims of User or any third party relating to the Software or the end- user's possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Software's use of the HealthKit and HomeKit frameworks.
    5. 10.5. in the event of any third party claim that the Software or User's possession and use of the Software infringes that third party's intellectual property rights, ConsumerDirect^®, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    6. 10.6. Apple, and Apple's subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon the User's acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions against the User as a third party beneficiary thereof.
11. General Terms.
    1. 11.1. Amendment of Terms. ConsumerDirect^® may amend these terms and conditions by giving User 30 days prior written or online notice.
    2. 11.2. Updates. ConsumerDirect^® may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. User agrees that ConsumerDirect^® has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. User further agrees that all Updates will be deemed part of the Software and be subject to all of these terms and conditions.
    3. 11.3. Export Regulation. The Software may not be exported or re-exported in violation of U.S. Foreign Corrupt Practices Act and its implementing regulations, the U.S. Export Administration Act and its implementing regulations, or any other applicable laws, rules and regulations. User may not use or otherwise export or re-export the Software except may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, User represents and warrants that User is not located in any such country or on any such list.
    4. 11.4. US Government Rights. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    5. 11.5. Severability. If any provision of these terms and conditions is illegal or unenforceable under applicable law, the provision shall be deemed omitted to the extent it is invalid, illegal, or unenforceable. In such the case the remainder of the terms and conditions shall be construed in a manner as to give the greatest effect to the original intention of the parties hereto.
    6. 11.6. Governing Law. These terms and conditions are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these terms and conditions or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the county of Orange. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.
    7. 11.7. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these terms and conditions and any applicable purchase or other terms, the terms of these terms and conditions shall govern.
    8. 11.8. Notice. Any notice to ConsumerDirect^®, Inc. and any questions, concerns, or complaints relating to the Software shall be addressed to:
       ConsumerDirect, Inc.^®
       2983 Michelson Dr.
       Irvine, CA 92612
       Email: [email protected]