Terms Of Use

Special X, Inc. Project Terms of Use

Last Updated August 10, 2021

DO NOT USE THE SERVICES TO COMMUNICATE INFORMATION ABOUT MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE AN EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR 911 IMMEDIATELY.

These Terms of Use (“Terms”) constitute a legal contract between you and Special X, Inc relating to your use of the Services (as defined in Section 1 below). NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

Please read these Terms carefully. By accessing or using the Services, including registering for an Account (as defined below), you agree to these Terms. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver set forth herein, you are not authorized to access or use the Services for any purpose.

“Special X” means Special X, Inc, a Delaware limited liability company and its affiliated companies. When we say “we” or “us,” we mean Special X. The term “you” means the person signing these Terms as a user of the Special X’s Services (“User”). If you are accepting these Terms on behalf of someone else who will use the Special X’s Services, “you” means both the person who will use the Services, and the person accepting on the User’s behalf.

1. Description of Services, Your Authority and Your Agreement to Terms

Special X provides a service, known as “Special X” or “Undivided”, that is accessible online and via a mobile application that allows Users to (1) store information relating to someone with disabilities, to share that information with others, and to use the information to coordinate services for the person with disabilities; or (2) to access such stored information when granted authorization to do so by another User. In these Terms, we refer to all of our on-line services, applications and Internet sites as our “Services.”

The Services are not a personal health record or medical record, and should not be used as a primary source of or repository of information for the provision of health care or other services. Health care providers and other Users should verify material information stored in the Services with the original source. Special X accepts no responsibility for the completeness or accuracy of information stored in the Services, or for the consequences of its use. We may change the way the Services work from time to time without notice to Users, and we may discontinue the Services at any time on notice to Users.

2. Privacy

Our Privacy Policy describes how we collect and use the information that you submit in connection with your use of the Services. Please review our Privacy Policy carefully before submitting your information to us. Your use of the Services is subject to the practices disclosed in our Privacy Policy.

3. User Account; Account Security

You may need to register for an account to access some or all of our Services (“Account”). You will be required to create a password, and provide certain information, such as your name and email address, and, if you choose to provide it, your phone number when you create an Account. If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. If you permit others to use your Account credentials, you are responsible for the activities of such persons that occur in connection with your Account.

4. Eligibility

The Services are not intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older and have authority to enter into these Terms. By using the Services, you represent and warrant that you have the legal right to agree to these Terms on behalf of the person whose information will be stored and shared through your Account and to share that person’s information with Special X and anyone to whom you give access to your Account or information stored in your Account. (Generally, this requires that you be the parent or legal guardian of a minor, or that you hold a court-ordered conservatorship or adult guardianship, or a power of attorney, if the person with disabilities is an adult.) If you do not have the authority to agree to these Terms on behalf of the person whose information will be stored in your Account, or if you do not agree to all the terms and conditions of these Terms, you may not create an Account or use the Services.

5. Right to Access Services

All original content, materials, features and functionality (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) provided by Special X through the Services (the “Content”) are owned by Special X and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. We hereby grant to you a limited, non-exclusive, nontransferable right to access and use the Content and the Services solely for your personal non-commercial use and only as permitted under these Terms (“Access Rights” ) provided, however, that such Access Right does not include any right to (a) sell or resell our Services and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; or (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the Content. Except for these limited Access Rights granted to you, we reserve all other rights. Any unauthorized use, reproduction or distribution of the Services or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties. We reserve the right, in our discretion, at any time, without liability to you, to: (a) deny, modify, suspend or terminate the operation or any feature of the Service; (b) restrict, limit, suspend or terminate your access to the Services; and (c) monitor your use of the Services to verify compliance with these Terms and any applicable law.

6. Prohibited Uses

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another User’s Account without authorization from such User and Special X;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
  • Develop any third party applications that interact with User Content (defined below) or the Services without our prior written consent;
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of pages or functionality; or
  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our Terms and policies. If we determine that you have violated these Terms or our policies, we may take action against your Account to protect our community and services, including by suspending access to your Account, disabling it or terminating it. We may also suspend, disable or terminate your Account if you create risk or legal exposure for us or when we are permitted or required to do so by law.

7. User Content

The Services may include interactive features and areas that allow Users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Services, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services, and that you will comply with our community guidelines, which are incorporated herein by reference.

By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  • User Content that references or depicts Special X or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a Special X employee);
  • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • User Content that contains any private or personal information of a third party without such third party’s consent;
  • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose Special X or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

8. Website Links

We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of them, nor for the acts or omissions of any such websites or their respective operators.

9. Ownership

If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third party social media platforms (e.g., Special X’s Facebook page, Instagram page or Twitter feed), you hereby grant Special X a nonexclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content, in whole or in part, in order to provide you with services now known or later developed.

By uploading, posting or submitting User Content to Special X through the Services or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Special X to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

Certain of the names, logos, and other materials displayed on the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Special X or other entities. You are not authorized to use any such Marks without the express written permission of Special X. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. If you choose to provide us with any comments, suggestions, ideas or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

10. Access and Communication Preferences

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services, included related operational and promotional information (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” to the text or sending an email to info@teamspecialx.com. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through WiFi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) related to your use of the Services through your device. We do not guarantee that the Services are compatible with any particular operating system, browser, mobile device or other software or equipment.

11. Digital Millennium Copyright Act Compliance

We have a policy of limiting access to our Services and terminating the Accounts of Users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Special X’s Designated Agent as follows:

Designated Agent: IP and Copyright Agent Address: 2190 S. Towne Centre Place, Suite 300, Anaheim, CA 92806 Email: Isaac.Fine@kppb.com Telephone: (213)-262-2513 Fax: (949)-852-0004

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

12. Termination; Cancellation

We may change the Services at any time. We may discontinue offering the Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any other reason or for no reason at all, in our sole discretion, and without prior notice to you, except as otherwise agreed by us in an agreement with you or an entity or other person through which you receive your access to our Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a User will be suspended, terminated or cancelled, respectively.

13. Changes to and Copies of the Terms

We reserve the right to change the terms of these Terms by posting the revised Terms on our web site, or emailing you a notice of the change at the email address in your Account profile. Your continued use of our Services after we post the change on our web site or send you notice of a change to the Terms constitutes your acceptance of them. The last date these Terms were revised is set forth at the top of these Terms. If you do not agree to any of the changes to these Terms, you are required stop using our Services. Please download or print a copy of these Terms by pressing the “Print” button at the bottom of the page.

14. Disclaimer of Warranties

Special X is not a provider of healthcare services. You agree that use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. While the Services may enable Users to communicate with other Users, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between or among Users, whether online or offline. In addition, we are not responsible for and we expressly disclaim all liability that may result from information made available by Users and the conduct of Users, whether online or offline. Special X expressly disclaims all warranties of any kind, whether oral or written, express or implied, including, but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, value or accuracy of data. Without limiting the generality of the foregoing, Special X does not warrant that the Services will be uninterrupted or error free; or that any defect or other error will be corrected; or that the Services will be free of viruses or other harmful code.

15. Limitation of Liability; Release

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPECIAL X OR ITS SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OF ITS CONTRACTORS OR VENDORS (“SPECIAL X PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPECIAL X’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS OR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU THROUGH THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, FIFTY U.S. DOLLARS ($50). TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. YOU WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS LIMITATION ON BEHALF OF THE PERSON WHOSE INFORMATION YOU STORE IN OUR SYSTEM.

To the fullest extent permitted by applicable law, you release Special X and the Special X Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between Users and the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542, which provides that “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,” as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16. ARBITRATION OF DISPUTES

ANY CLAIM OR DISPUTE BETWEEN YOU AND SPECIAL X IN ANY WAY RELATED TO OR CONCERNING THESE TERMS, OR THE PROVISION OF SERVICES TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN THE COUNTY IN WHICH YOUR BILLING ADDRESS IS LOCATED. THESE TERMS TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE TERMS AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE TERMS. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: SPECIAL X, INC, 11340 WEST OLYMPIC BOULEVARD SUITE 270, LOS ANGELES CA, 90064, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT: (A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND (B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S CONSUMER ARBITRATION RULES. YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THESE TERMS. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.

AS A LIMITED EXCEPTION TO THESE TERMS TO ARBITRATE, YOU AND WE AGREE THAT: (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION TERMS. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.

17. Waiver of Right to Pursue Class Action Claims; No Jury Trial; Limited Time for Bringing Claims

You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You agree that you may bring claims against us only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. YOU WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS LIMITATION ON BEHALF OF THE PERSON WHOSE INFORMATION YOU STORE IN OUR SYSTEM. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND YOU WAIVE OUR RIGHTS TO A JURY TRIAL, AND AGREE THAT ANY CLAIM ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE SPECIAL X SERVICES TO WHICH THE ARBITRATION PROVISIONS OF THESE TERMS ARE FOR ANY REASON HELD NOT TO APPLY, WILL BE DETERMINED BY A JUDGE OF THE APPROPRIATE COURT.

Both you and we agree that no suit, arbitration or other legal proceeding connected with these Terms or your use of the Special X Services may be brought more than one year after the incident giving rise to the claim has occurred.

18. Claims by Others

If anyone other than the person signing these Terms brings a claim against Special X or a Special X Party for damages, loss or injury to the claimant in any way connected with your use of the Services, including bodily injury, economic loss or death suffered by the claimant, you agree that you will indemnify, defend and hold Special X and the Special X Parties harmless from all liability in connection with the claim, and you will pay to us any amount a court or arbitrator orders us to pay or we reasonably agree to pay by way of settlement, plus the amount of our reasonable attorneys’ fees and costs in defending and settling the claim.

19. Apple Device Additional Terms

If you access the Apps via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of these Terms:

  • Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
  • Agreement with Special X, Not Apple. You acknowledge that these Terms are an agreement between Special X and you, and not with Apple. Special X, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
  • Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
  • Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Special X decides (in its sole discretion) to provide support and maintenance services for an iOS App, Special X is solely responsible for providing such services.
  • Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Special X in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Special X’s sole responsibility. Notwithstanding the foregoing, Special X is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
  • Product Claims. You hereby acknowledge that Special X, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Special X’s liability beyond what is permitted by applicable law.
  • Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Special X, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.

20. International Users

Use of the Services is intended solely for residents of the United States. The Services may contain content, services, or information otherwise not accessible or valid in your country. Access to the Services from outside the United States is at your own risk, and Special X does not take responsibility for your use of the Services. Any offer for any product or service made on the Services is void where prohibited by law.

21. Notices

All notices required or permitted to be given under these Terms must be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) if transmitted by electronic mail to Special X at notices@teamspecialx.com, or to you at the electronic mail address in your Account profile, as long as, in either case, the party giving notice does not receive a notice that the electronic mail was not delivered; (iii) three (3) days after mailing, if mailed by U.S. certified or registered mail, first class postage prepaid; and (iv) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.

22. Miscellaneous

Except as limited above, these Terms and your use of the Services shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws and the parties agree to the exclusive personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California.

These Terms constitute the entire agreement between us and you relating to your use of the Special X Services, and supersede all prior or contemporaneous quotations, terms, communications or understandings, whether written or oral, relating to its subject matter of these Terms. THESE TERMS CANNOT BE AMENDED BY ORAL STATEMENTS MADE BY OUR SALES REPRESENTATIVES, OR BY ANY EXPLANATORY OR PROMOTIONAL MATERIAL THAT WE PROVIDE. No waiver by Special X of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Special X to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

We may assign these Terms without restriction and without notice to you. You may not assign these Terms or your Special X Services, or any order accepted by Special X under these Terms of Service to anyone else, in whole or in part, by operation of law or otherwise, without the express written consent of Special X. If you have a question or comment regarding the Services or are aware of any violation of these Terms, please contact us via email or at the address here: 11340 West Olympic Boulevard Suite 270, Los Angeles, CA, 90064; Email: info@teamspecialx.com .