Important information:

IN SIX Website, App and Products  

 

Terms & Conditions, including how we use your data:

Global Health & Wellness Platforms Ltd operate this website and app: insix.co.uk (the “Site” and the “App”) and The Programs related to or offered on the Site and App (hereinafter "The Programs"). Global Health & Wellness Platforms Ltd’s services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to The Program or provided through the Site and App. These Terms & Conditions (Terms) govern your use of the Site, App and The Programs that are provided by Global Health & Wellness Platforms Ltd. 

Please read this agreement carefully before accessing or using the Site, App or The Programs. Each time you access or use the Site, App or The Programs, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Site, App or The Programs. In addition, certain areas of the Site, App or The Programs may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will control. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature shall apply to the extent there is a conflict with these Terms.

 

This Site is for Informational Purposes Only and Does Not Provide Medical Advice:

The Site, App and Services offer health, fitness and nutrition related information, but are designed for informational purposes only. 

You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health or the content on the site or services, you should always consult with a physician or other health-care professional. do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the site or through the services. the use of any information provided on the site or through the services is solely at your own risk. 

Nothing stated or posted on the Site, App or available through The Program is intended to be, and must not be taken to be, the practice of medicine or counselling care. For the purposes of this agreement, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counselling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site and App or through the Services and no assurance can be given that the information contained in the Site, App or The Program will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site, App and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site, App or Services. If you rely on any of the information provided by this Site, App or The Program, our employees, or guests or visitors to the Site and App, you do so solely at your own risk.

1. Definitions

  1. Global Health & Wellness Platforms – hereinafter “GHAWP”
  2. “Account” – a registered user account with GHAWP.
  3. “insix.co.uk” is the application owned and distributed by GHAWP hereinafter “The Program(s)”
  4. “Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials.
  5. “Product” means any digital or physical fitness or related product purchased through senadagreca.com or additional GHAWP applications.
  6. “Seller” – means the influencer you are purchasing from.
  7. "Software” means the GHAWP application that a user can use on a computer or supported mobile device in order to utilize The Programs; the Software may be downloaded or accessed on the Internet.

General Terms of Use

  1. You must create an Account in order to use The Program.
  2. You must be at least 16 years old to use The Program.
  3. You have no underlying health issues preventing you from performing The Program.
  4. You must use the GHAWP Software and The Program only in accordance with our Acceptable Use Policy.
  5. You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, GHAWP prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to GHAWP upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  6. You agree that you will not solicit, collect or use the login credentials of other GHAWP users.
  7. You are responsible for keeping your password secret and secure.
  8. Any links shared on GHAWP programs are your responsibility and we take no responsibility for any third-party links shared on the GHAWP Software. If we find that any third-party links you have posted do not comply with our Terms and Conditions, you will be removed from The Program.
  9. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via The Program. If found doing so we will delete your account and report you to the relevant authorities.
  10. You may not use The Program for any illegal or unauthorized purpose.
  11. You are solely responsible for your conduct and Content that you submit, post or display on or via The Program.
  12. You must not change, modify, adapt or alter The Program or change, modify or alter another website so as to falsely imply that it is associated with The Program or GHAWP.
  13. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (“spam”) to any GHAWP users.

Rights & Ownership

  1. GHAWP does not claim ownership of any Content that you post on or through The Program. Instead, you hereby grant to GHAWP a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through The Program, subject to our Privacy Policy.
  2. You acknowledge that we may not always identify paid Programs, sponsored content, or commercial communications as such.
  3. You represent and warrant that: (i) you own the Content posted by you on or through The Program or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through The Program does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through The Program; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
  4. The Program contains Content owned or licensed by GHAWP (“GHAWP. Content”) including the application senadagreca.com.  GHAWP Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and GHAWP. GHAWP owns and retains all rights in GHAWP Content and The Program. You will not remove, alter or conceal any copyright, trademark, The Program mark or other proprietary rights notices incorporated in or accompanying GHAWP Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit GHAWP Content.
  5. The Programs name and Brand logo are trademarks of GHAWP Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GHAWP. In addition, all page headers, custom graphics, button icons and scripts are The Program marks, trademarks and/or trade dress of GHAWP and may not be copied, imitated or used, in whole or in part, without prior written permission from GHAWP.
  6. You agree that GHAWP is not responsible for, and does not endorse nor monitor, any third-party Content posted within The Program. GHAWP does not have any obligation to pre-screen, monitor, edit, or remove any third-party Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.

 

If you have any questions, please email service@insix.co.uk

PHYSICAL PRODUCTS 

You acknowledge that the Seller is not obliged to provide a refund on physical Products purchased through the GHAWP Software.

Refunds for physical Products shall only be given in the following circumstances:

  1. If the item was ripped or broken which made it non-functioning;
  2. If the transaction was not a genuine transaction (eg provable card fraud etc);
  3. If there was a duplicate order or payment due to a technical fault;
  4. Genuine multiple orders by the same person are not eligible for a refund.

FAULTY PHYSICAL PRODUCTS 

If you have received a faulty product and it's within 60 days from purchase please send in a picture of the faulty product to the Seller and we can exchange this but unfortunately, there will be no refunds.

Delivery of Products

All Products purchased through GHAWP Software are delivered via courier determined by the Seller. All delivery information is listed on the website prior to purchase and a customer’s delivery information is listed in the confirmation email.

When your item is dispatched you may receive an email with information on how long the delivery will take and what courier was used. If the delivery was tracked a tracking number and link may also be provided.

You also may receive a text message once your order is dispatched however this is dependent on you adding your phone number when completing your order and if your mobile carrier supports the Sellers service.

All delivery of products is handled by a third-party company.

RETURNS BY CUSTOMER

Any returned parcels sent by the customer without acknowledgment from a member of the support team will not be returned/exchanged or refunded.

In Stock Items

At the time of purchase, you will be informed via email from GHAWP or the Seller regarding the anticipated dates of your delivery.

Pre-Order Items

For all pre-order sales (which shall be clearly marked as such), delivery dates are estimates only as the Product is still yet to be manufactured. You agree that you are purchasing a Product from the Seller which will only be delivered once it has been produced and that you will be notified via email when your Product has been dispatched.

Email Subscription Incentive

Sign up with your email address to win a six-month subscription to IN SIX.  A winner will be selected at random each month and notified via email.  By signing up you give us permission to contact you via email. Should you wish to unsubscribe, you can do this by following the prompts.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access The Program. This acceptable use policy applies to all users of, and visitors to, The Program.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our General Terms of Use.
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.
  • not to abuse our staff through emails and social media and any form of abuse will result in your account being blocked.

We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive services provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive service by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. 

Content standard

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive Programs associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Contact GHAWP

If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to GHAWP, the Seller or The Program, please contact service@insix.co.uk

PRIVACY POLICY

1 INFORMATION WE COLLECT

We collect the following types of information:

 

Information you provide us directly:

  • When you register for an account:
    • Via Email: Your Full Name, password and email address. You may also provide us information when you fill out the macro-calculator or survey questions.
    • GHAWP does NOT store any credit card / debit card details. This is all held on the STRIPE Payment Gateway.

Technical information we collect:

  • Additionally, any use of The Programs website, app and/or software may result in the collection of technical information such as your computer’s IP address, mobile device identifier, meta data, operating system, browser name/version, the referring web page, requested page; such information is used to help us understand the overall usage pattern of our website and software.
  • We also use third-party analytics tools to help us measure how you use The Program. These tools collect information sent by your device or our system, including how you like to use our software website and app which can help us in improving The Program.
  • GHAWP may invite you to provide information through feedback on features on our website or software; we may send out e-mail inviting feedback or offering products and The Programs; or we may ask you for information concerning support of our products or The Programs. Your response to these communications may require you to submit personal information and opinions.
  1. HOW WE USE YOUR INFORMATION

We may use information that we receive to:

  • Help you efficiently access your information after you sign in;
  • Remember information so you will not have to re-enter it during your visit or the next time you visit The Program;
  • Provide personalised content and information to you and others, which could include online ads or other forms of marketing;
  • Provide, improve, test, and monitor the effectiveness of The Program;
  • Develop and test new products and features;
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • Diagnose or fix technology problems;
  • Automatically update the GHAWP application on your device.
  1. SHARING OF YOUR INFORMATION

GHAWP exclusively owns this data. We will not pass on, rent or sell your information to third parties outside GHAWP (including to the Seller) without your consent, except as noted in this Policy. Parties with whom we may share your information:

  • We may share User Content not personal information with potential business partners, The Program providers as a way of improving The Program and providing relevant content. This will be done under confidentiality terms.
  • We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
  • We may be required to disclose your information without your prior consent by law for the following reasons:
    • Comply with law or legal process
    • Protect and defend our rights and property, or the rights and property of a third party
    • Protect us against misuse or unauthorized use of any of GHAWP’s products, software, The Programs, or other proprietary materials
    • Prevent death or imminent bodily harm. prevent and address fraud and other illegal activity
  1. HOW WE STORE YOUR INFORMATION
  • Storage and Processing:
    • We use commercially reasonable precautions to help keep your personal information safe and stored securely. However, GHAWP. cannot ensure the security of any information you transmit to GHAWP. or guarantee that information on The Program may not be accessed, disclosed, altered, or destroyed.
    • Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and GHAWP, at all times. Your privacy settings may also be affected by changes the social media services you connect to GHAWP, make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
    • Following termination or deactivation of your account, GHAWP, its Affiliates, or The Program Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
    • Email our support to know about deleting your account service@insix.co.uk
  1. CHILDREN'S PRIVACY

GHAWP does not knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow such persons to register for The Program. The Program and its content are not directed at children under the age of 16. In the event that we learn that we have collected personal information from a child under age 16 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at service@insix.co.uk

  1. OTHER WEB SITES AND THE PROGRAMS

We are not responsible for the practices employed by any websites or services linked to or from our Programs, including the information or content contained within them. Please remember that when you use a link to go from our Program to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or services, including those that have a link on our website/software, or are accessed through our web/in-app browser are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the EEA, you have the following data protection rights:

  • If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time via service@insix.co.uk
  • In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights via service@senadagreca.com
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact service@insix.co.uk
  • Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

  1. OTHER WEB SITES AND THE PROGRAMS

If you have any questions about this Privacy Policy or The Program, please contact us at service@insix.co.uk

  1. CHANGES TO OUR PRIVACY POLICY

GHAWP may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of GHAWP or The Program after any modification to this Privacy Policy will constitute your acceptance of such modification.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application 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.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.