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you and us alone. Claims may not be joined or consolidated unless agreed to in a writing
by all parties. No arbitration award or decision will have any preclusive effect as to issues
or claims in any dispute with anyone who is not a named party to the arbitration. If you
initiate a litigation or any other proceeding against Caeden in violation of this paragraph,
you agree to pay Caeden’s reasonable costs and attorneys’ fees incurred in connection
with its enforcement of this paragraph.
Site Operation
: Caeden controls the Caeden Service from New York, New York, United
States of America. Caeden makes no representation that the Caeden Service is appropri-
ate for use in other locations. If you use the Caeden Service from other locations you are
responsible for ensuring compliance with all applicable laws in that jurisdiction.
Export:
You may not use, export, or re-export the Caeden Service in violation of any
applicable laws or regulations, including, but not limited to, any United States export laws
and regulations. By using the Caeden Service, you represent and warrant that you are not
located in a country that is subject to a U.S. Government embargo, or that has been desig-
nated by the U.S. Government as a “terrorist supporting” country; and you are not listed on
any U.S. Government list of prohibited or restricted parties.
Apple
: Apple Inc. is not a party to these Terms of Service. Apple has no obligation what-
soever to furnish any maintenance and support services with respect to the Caeden App.
To the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Caeden App. You acknowledge that Apple is not
responsible for addressing any claims relating to the Caeden App or your possession and/
or use of the Caeden App, including, but not limited to: (i) product liability claims; (ii) any
claim that the Caeden App fails to conform to any applicable legal or regulatory require-
ment; and (iii) claims arising under consumer protection or similar legislation.
We, not Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim. Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms of Service, and Apple will have
the right (and will be deemed to have accepted the right) to enforce these Terms of
Service against you as a third party beneficiary thereof.
