Common use of Services and Third Party Materials Clause in Contracts

Services and Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Licensed Application and/or the Services may require Internet access and/or third party Services. In any case, the cost related to Internet access and third party Services – as well as any liability related to the above – shall be borne exclusively by You. The Licensed Application may also enable access to certain virtual goods to be used within the Licensed Application and/or the Services. The purchase of these virtual goods shall be final and non-refundable and you acknowledge that, save if expressly allowed, the transfer of the same is prohibited. You acknowledge that (i) the Application Provider may modify or eliminate virtual goods at any time, without notice, and (ii) in case of termination of this XXXX, you will have no right on the virtual goods for any reason whatsoever. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Health information displayed by any Services is for general informational purposes only. No medical advice is provided by any Services, and the information should not be so construed or used. Using and/or accessing the Services and/or providing personal or medical information to the Application Provider or third-party Services providers does not create a physician-patient relationship between you and the Application Provider or third- party Services providers. Nothing contained in the Licensed Application is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or country. You should not rely on anything contained in the Licensed Application, and you should consult a physician licensed in your state or country in all matters relating to your health. By using the Services, you agree, represent and warrant that your physician has notified you that you are able to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. Activities promoted by the Services may pose risks even to those who are currently in good health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Licensed Application. The Licensed Application (i) has not been tested with individuals with health conditions; (ii) does not provide clinical advice; (iii) shall not be intended to be a medical device or treatment and, therefore,

Services and Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “"Services”"). Use of the Licensed Application and/or the Services may require Internet access and/or third party Services. In any case, the cost related to Internet access and third party Services – - as well as any liability related to the above – - shall be borne exclusively by You. The Licensed Application may also enable access to certain virtual goods to be used within the Licensed Application and/or the Services. The purchase of these virtual goods shall be final and non-refundable and you acknowledge that, save if expressly allowed, the transfer of the same is prohibited. You acknowledge that (i) the Application Provider may modify or eliminate virtual goods at any time, without notice, and (ii) in case of termination of this XXXX, you will have no right on the virtual goods for any reason whatsoever. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites websites are provided solely as a convenience to You. Financial Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for general informational purposes only and is permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not intended to be relied upon as investment advice. Before executing any securities transaction modify, rent, lease, loan, sell, distribute, or create derivative works based upon information obtained through on the Services, You should consult with a financial professional. Location data provided by in any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Health information displayed by any Services is for general informational purposes only. No medical advice is provided by any Servicesmanner, and the information should You shall not be so construed or used. Using and/or accessing exploit the Services and/or providing personal in any unauthorized way whatsoever, including but not limited to, by trespass or medical information burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or third-illegal messages or transmissions that You may receive as a result of using any of the Services. In addition, third party Services providers does and Third Party Materials that may be accessed from, displayed on or linked to from your Apple iOS or Android device are not create a physician-patient relationship between you available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or third- party Services providersdisabling of access to any such Services. Nothing contained in The Application Provider may also impose limits on the Licensed Application is intended use of or access to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or country. You should not rely on anything contained in the Licensed Application, and you should consult a physician licensed in your state or country in all matters relating to your health. By using the certain Services, you agree, represent in any case and warrant that your physician has notified you that you are able to participate in wellness and fitness programs, workouts, exercises without notice or any of the related activities made available to you in connection with the Services. Activities promoted by the Services may pose risks even to those who are currently in good health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Licensed Application. The Licensed Application (i) has not been tested with individuals with health conditions; (ii) does not provide clinical advice; (iii) shall not be intended to be a medical device or treatment and, therefore,liability.

Services and Third Party Materials. The Licensed Application Services may enable access to Application Provider’s services and websites performed or provided by the Services (the “Additional Services”) and third party services and web sites (“Third Party Services”, and collectively and individuallywith the Additional Services, the “Combined Services”). Use of the Licensed Application and/or the Combined Services may require Internet access and/or third party Services. In any case, the cost related to Internet access and third party Services – as well as any liability related to the above – shall be borne exclusively by You. The Licensed Application may also enable access to certain virtual goods to be used within the Licensed Application and/or the Services. The purchase that You accept additional terms of these virtual goods shall be final and non-refundable and you acknowledge that, save if expressly allowed, the transfer of the same is prohibited. You acknowledge that (i) the Application Provider may modify or eliminate virtual goods at any time, without notice, and (ii) in case of termination of this XXXX, you will have no right on the virtual goods for any reason whatsoeverservice. You understand that by using any of the Combined Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Combined Services at Your sole risk and that the Application Provider Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Combined Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Combined Services, You acknowledge and agree that the Application Provider Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Combined Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Combined Services, You should consult with a financial professional. Location data provided by any Combined Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Health Neither Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Combined Services. You agree that any Combined Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for general informational purposes onlypermitted use of the Combined Services. No medical advice is provided portion of the Combined Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Combined Services, in any manner, and You shall not exploit the information should Combined Services in any unauthorized way whatsoever, including but not be so construed limited to, by trespass or used. Using and/or accessing the Services and/or providing personal or medical information to the Application Provider or third-party Services providers does not create a physician-patient relationship between you and the Application Provider or third- party Services providers. Nothing contained in the Licensed Application is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or countryburdening network capacity. You should further agree not rely on anything contained to use the Combined Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the Licensed Applicationrights of any other party, and you should consult that Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a physician licensed in your state or country in all matters relating to your health. By result of using the Services, you agree, represent and warrant that your physician has notified you that you are able to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Combined Services. Activities promoted by In addition, Third Party Services and Third Party Materials that may be accessed from, displayed on, or linked to, from the Services may pose risks even to those who Apple-branded iOS product are currently not available in good health. You hereby agree that you shall not make any health or medical related decision based in whole all languages or in part all countries. Licensor makes no representation that such Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Third Party Services and Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Combined Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Combined Services. Licensor may also impose limits on anything contained the use of or access to certain Combined Services, in the Licensed Application. The Licensed Application (i) has not been tested with individuals with health conditions; (ii) does not provide clinical advice; (iii) shall not be intended to be a medical device any case and without notice or treatment and, therefore,liability.

Services and Third Party Materials. The Licensed Application Services may enable access to Application Provider’s services and websites performed or provided by the Services (the “Additional Services”) and third party services and web sites (“Third Party Services”, and collectively and individuallywith the Additional Services, the “Combined Services”). Use of the Licensed Application and/or the Combined Services may require Internet access and/or third party Services. In any case, the cost related to Internet access and third party Services – as well as any liability related to the above – shall be borne exclusively by You. The Licensed Application may also enable access to certain virtual goods to be used within the Licensed Application and/or the Services. The purchase that You accept additional terms of these virtual goods shall be final and non-refundable and you acknowledge that, save if expressly allowed, the transfer of the same is prohibited. You acknowledge that (i) the Application Provider may modify or eliminate virtual goods at any time, without notice, and (ii) in case of termination of this XXXX, you will have no right on the virtual goods for any reason whatsoeverservice. You understand that by using any of the Combined Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Combined Services at Your sole risk and that the Application Provider Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Combined Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Combined Services, You acknowledge and agree that the Application Provider Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Combined Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Combined Services, You should consult with a financial professional. Location data provided by any Combined Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Health Neither Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Combined Services. You agree that any Combined Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for general informational purposes onlypermitted use of the Combined Services. No medical advice is provided portion of the Combined Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Combined Services, in any manner, and You shall not exploit the information should Combined Services in any unauthorized way whatsoever, including but not be so construed limited to, by trespass or used. Using and/or accessing the Services and/or providing personal or medical information to the Application Provider or third-party Services providers does not create a physician-patient relationship between you and the Application Provider or third- party Services providers. Nothing contained in the Licensed Application is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or countryburdening network capacity. You should further agree not rely on anything contained to use the Combined Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the Licensed Applicationrights of any other party, and you should consult that Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a physician licensed in your state or country in all matters relating to your health. By result of using the Services, you agree, represent and warrant that your physician has notified you that you are able to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Combined Services. Activities promoted by In addition, Third Party Services and Third Party Materials that may be accessed from, displayed on, or linked to, from the Services may pose risks even to those who Android Product are currently not available in good health. You hereby agree that you shall not make any health or medical related decision based in whole all languages or in part all countries. Licensor makes no representation that such Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Third Party Services and Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Combined Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Combined Services. Licensor may also impose limits on anything contained the use of or access to certain Combined Services, in the Licensed Application. The Licensed Application (i) has not been tested with individuals with health conditions; (ii) does not provide clinical advice; (iii) shall not be intended to be a medical device any case and without notice or treatment and, therefore,liability.