Terms and Conditions

Wander App Terms and Conditions
Effective Date: October 28, 2021
Welcome to Wander! We operate a suite of products and services that assist in the building,distributing, and editing interactive maps for various use applications. In this Agreement, theterm “Services” is used to refer to your use our websites, web and mobile applications, and ourother services and tools, registering for an account, and any other services and tools now knownor later developed by us. The term "Services" also includes any related support services, newfeatures, release of new features.We hope you will carefully read through these Terms and Conditions (“Agreement”), because itis a binding agreement between you and Wander App Inc. (“Wander,” “Company,” “we,” “us,”“our”), which owns and offers the Services pursuant to this Agreement. This Agreement iseffective when you sign up or otherwise use the Services or access any content or material that ismade available by us through the Services (“Content”). Some Content may be provided by ourclients and map publishers ("Publishers"). The Publishers may, from time to time, upload new orupdated Content to the Services, solely in the Publishers' discretion.This Agreement incorporates our Privacy Policy. You acknowledge that you have read andunderstood the Privacy Policy and this Agreement and agree to be bound by it. If you don’t agreewith (or cannot comply with) the Privacy Policy or this Agreement, then you may not use theServices or consume any Content. You will also be required to accept these terms when you signinto the Services.If you wish to use the Services, you must be at least 18 years old (or the age of majority in yourstate, province, or country) or be at least 13 and have a parent's, legal guardian's, or othercaregiver's consent. You agree to keep the information you provide to us current at all times.Company reserves the right at any time to change or discontinue the Services with or withoutnotice. You agree that Company is not liable to you or to any third party for any modification,suspension, or discontinuance of any of the Services.You may sign up for Services using our online registration form (“Registration Form”). TheRegistration Form is incorporated into this Agreement, and you agree to its provisions as if itwere fully set forth herein. To the extent any provision of a duly executed Registration Formaccepted by us conflicts with the provisions of this Agreement, the provisions of the RegistrationForm prevail.If you have a separate agreement with us, the terms of that separate agreement control regardingany conflict of with the provisions herein.Parents and guardians of children who use the Services are responsible for payment, ifapplicable, and to ensure that their children who use the Services comply with the provisions ofthis Agreement. When this Agreement uses the word “you,” it refers to both the parent, guardian,or other caregiver authorizing the use of the Services and the child or other individual using theServices.You may access the Services via a mobile phone or other mobile device. You acknowledge thatyour mobile carrier's standard charges and data rates apply to any access to the Services form anymobile device. Further, you access to the Services may be limited by your mobile carrier's termsand policies or by your mobile device's settings, software, and hardware. We are not responsibleto provide the Services to you based on your mobile carrier's or mobile devices requirements orlimitations.Your AccountWhen you engage with the Services you will be prompted to create an account with us to help usbetter facilitate our provision of the Services to you. Registration may be required based on yourrelationship with us to use our Services.You are responsible for maintaining the confidentiality of any account information, includingyour login and password, and for restricting access to your computer and mobile device, and youagree to accept responsibility for all activities that occur under your account orpassword. Company reserves the right to refuse service, terminate accounts, and remove or editcontent in its sole discretion. You are also solely responsible for the accuracy and currency of thedata entered into the Services under your account.We may offer you the ability to sign up for and login to your account using a third-party service(i.e. Facebook, Google, Apple). When you use any third-party service to sign up for and login toyour account, you acknowledge that we may receive information about you from such third-partyservice. Your use of any third-party service to sign up for and login to your account is governedby the terms of use and privacy policy of said third party.You agree to indemnify and hold Company harmless from and against any claim related tocontent, accuracy, or currency of the information you provide through the Services, includingthrough any third-party service you use to sign up for and login to your account with us.PaymentIf your use of the Services includes payment, you are required to pay for said Services (“Fee”).The description of the Services and the associated Fees is set forth in a separate agreement ororder form.When you sign up using a credit card or other payment method, you authorize us to make thecharges disclosed to you at the time you sign up, including recurring payments, where applicable.We will charge your credit card, debit card, or other prescribed payment method.TermThe term of this Agreement is for one (1) year from the time you create an account with us orsign up for the Services, with renewal occurring automatically at the end of each year unless aparty notifies the other not less than 30 days prior to the end of the then-current term that itintends to terminate this Agreement.Trials and Beta TestingFrom time to time, we or others on our behalf may offer access to beta models of the Services ortrials of paid subscriptions for a specified period without payment or at a reduced rate (each, a“Trial”). We reserve the right, in our absolute discretion, to determine your eligibility for a Trial,and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior noticeand with no liability, to the greatest extent permitted under the law.For some Trials, we will require you to provide your payment details to start the Trial. AT THEEND OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU THEAPPLICABLE FEES ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON ARECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS INCONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCHPAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THEAPPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT’S SUBSCRIPTIONPAGE OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE TRIAL. IF YOUDO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLYBASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGHYOUR ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR ACCOUNT BEFORETHE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOTBE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVEALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WEWILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.IF THE TRIAL CONSISTS OF ACCESS TO A BETA MODEL, YOU ACKNOWLEDGETHAT THE BETA MODEL HAS NOT BEEN FULLY DEVELOPED AND MAY BESUBJECT TO DEFECTS THAT WOULD BE UNACCEPTABLE IN A FULLY DEVELOPEDVERSION. YOU AGREE THAT THE LICENSE GRANTED UNDER A BETA TRIAL ISWITHOUT WARRANTY OF ANY NATURE, INCLUDING THE IMPLIED WARRANTIESOF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, AS WELL ASNON-INFRINGEMENT, AND ANY OTHER WARRANTY. BETA USERS HAVE NO CLAIMWHATSOEVER AGAINST US FOR ANY REASON WHATSOEVER WITH RESPECT TOTHEIR USE OF THE SERVICES IN CONNECTION WITH A BETA TRIAL. THISPROVISION SPECIFICALLY INCORPORATES THE LIMITATION OF LIABILITYSECTION BELOW.License and Acceptable UseCompany grants you, subject to this Agreement, a limited non-exclusive, non-sublicensable,non-transferable, revocable, license to use the Services. You may not download any portion ofthe website or use of any Services other than for your own personal use. You may not use anydata mining, robots, or similar data gathering tools or otherwise exploit your access to theServices for any commercial purpose. You may not use any of the Company's trademarks, logos,or other proprietary graphics without express written permission, which may denied inCompany’s absolute discretion. Company’s logos, product and service names are Company'strademarks. All other trademarks appearing on the website or in connection with the Services aretrademarks of their respective owners, and our reference to them does not imply or indicate anyapproval or endorsement by their owners unless such approval or endorsement is expresslymade.In addition to any other things that might constitute a misuse of the Services, you shall not, andshall not attempt to do the following things:● modify, alter, tamper with, repair or otherwise create derivative works of any of theServices;● reverse engineer, disassemble or decompile the software used to provide or access theServices, or attempt to discover or recreate the source code used to provide or access theServices, except and only to the extent that the applicable law expressly permits doing so;● use the Services for research or benchmarking or any related endeavor with the intent ofcreating a competing or similar product;● create a competing or similar product to the Products;● use the Services in any manner or for any purpose other than as expressly permitted bythis Agreement, the Privacy Policy, or any other policy, instruction or terms applicable tothe Services;● trespass, or in any manner attempt to gain or gain access to any property or locationwhere you do not have a right or permission to be (“Private Property”). You acknowledgethat Company and Publishers do not have and affirmatively disclaim any obligation orability to provide you with complete and accurate information regarding the whereaboutsof Private Property you may encounter when using the Services. Regardless of whetherCompany or Publishers designate any content with a warning regarding its proximity toPrivate Property, you are solely responsible for obtaining all required permissions toapproach or enter Private Property in connection with your use of the Services;● sell, lend, rent, resell, lease, sublicense, or otherwise transfer any of the rights granted toyou with respect to the Services to any third party;● remove, obscure or alter any proprietary rights notice pertaining to the Services;● use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoaxor engage in phishing schemes or forgery or other similar falsification or manipulation ofdata; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramidschemes or any other form of duplicative or unsolicited messages, whether commercial orotherwise; (iii) advertise or promote a commercial product or service that is not availablethrough Company; (iv) store or transmit inappropriate content, such as content: (1)containing unlawful, defamatory, threatening, pornographic, abusive, libelous orotherwise objectionable material of any kind or nature, (2) containing any material thatencourages conduct that could constitute a criminal offense, or (3) that violates theintellectual property rights or rights to the publicity or privacy of others; (v) store ortransmit any content that contains or is used to initiate a denial of service attack, softwareviruses or other harmful or deleterious computer code, files or programs such as Trojanhorses, worms, time bombs, cancelbots, or spyware; or (vi) abuse, harass, stalk orotherwise violate the legal rights of a third party;● interfere with or disrupt servers or networks used by Company to provide the Services orused by other users to access the Services, or violate any third-party regulations, policiesor procedures of such servers or networks or harass or interfere with another user’s fulluse and enjoyment of any of the Services;● access or attempt to access Company’s other accounts, computer systems or networks notcovered by this Agreement, through password mining or any other means;● cause, in Company’s sole discretion, inordinate burden on the Services or Company’ssystem resources or capacity; or● share passwords or other access information or devices or otherwise authorize any thirdparty to access or use the Services.CommunicationsWhen you use the Services, including creating an account with us, or send emails to us, you arecommunicating with us electronically, and you consent to receive communications from uselectronically. We will communicate with you by email, by text message (SMS or MMS, ifapplicable), or by posting notices on our website. We may also request to send you pushnotifications regarding your account or certain features of our Services. If you wish to opt-outfrom receiving push notifications, you may do so through your device's settings. You agree thatall agreements, notices, disclosures, and other communications that we provide to youelectronically satisfy any legal requirement that such communications be in writing.Received MaterialsIf you send us any comments, feedback, materials, or letters including, without limitation,questions, comments, suggestions, criticisms or the like (“Received Materials”), those ReceivedMaterials may be deemed by us to be non-confidential and free of any claims of proprietary orpersonal rights. Company shall have no obligation of any kind with respect to such ReceivedMaterials, and Company will be free to reproduce, use, disclose, exhibit, display, transform, edit,abridge, create derivative works from and distribute the Received Materials without limitation orrestriction. Furthermore, Company is free to use any ideas, concepts, know-how, or techniquescontained in any communication you send to Company for any purpose whatsoever, including,but not limited to, developing, manufacturing, and marketing our Services using suchinformation or ideas, without compensation or any other obligations to anyone, including you.Changes to this Agreement; AssignmentAt certain times, we may in our discretion need to revise this Agreement. If we do, we will notifyyou by posting notices on the website or by emailing you, as appropriate in the circumstances. Ifyou continue using the Services after the effective date of the changes, you will be deemed tohave accepted the revisions. If you do not agree to the revisions, you may terminate thisAgreement by notifying us via email at info@wandermaps.com. Any other changes to thisAgreement must be in writing signed by both parties. Company may assign this Agreement toany other company, person, or entity at any time.Third-Party ApplicationsThe Services might be integrated with third-party applications, websites, and services (“ThirdParty Applications”) to make available content, products, and services to you. These ThirdParty Applications may have their own terms and conditions of use and privacy policies and youruse of these Third-Party Applications will be governed by and subject to such terms andconditions and privacy policies. You understand and agree that we do not endorse and are notresponsible or liable for the behavior, features, or content of any Third-Party Application or forany transaction you may enter into with the provider of any such Third-Party Applications.User-Generated ContentYou may post, upload, and contribute (“post”) content to the Services (which may include, forexample, pictures, text, information, messages, compilations, reviews, tips, and/or other types ofcontent) (“User Content”). For the avoidance of doubt, “User Content” includes any suchcontent posted to any support community we may establish, as well as to any other part of theServices.You promise that, with respect to any User Content you post, (1) you have the right to post suchUser Content, and (2) such User Content, or its use by Company as contemplated by theAgreement, does not violate the Agreement, applicable law, or the intellectual property(including without limitation copyright), publicity, personality, or other rights of others or implyany affiliation with or endorsement of you or your User Content by Company or any entity orindividual without express written consent from such individual or entity.We may, but we have no obligation to, monitor, review, or edit User Content. In all cases, wereserve the right to remove or disable access to any User Content for any or no reason, includingbut not limited to, User Content that, in our sole discretion, violates the Agreement. We may takethese actions without prior notification to you or any third party. Removal or disabling of accessto User Content shall be at our sole discretion, and we do not promise to remove or disableaccess to any specific User Content.You are solely responsible for all User Content that you post. We are not responsible for UserContent, nor do we endorse any opinion contained in any User Content. YOU AGREE THAT IFANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOUPOST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILLDEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALLDAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLEATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATED TO SUCH CLAIM.Your License to UsIn consideration for the rights granted to you under this Agreement, you grant us the right (1) toprovide advertising and other information to you, and (2) to allow our business partners to do thesame. In any part of the Services, the Content you view, including its selection and placement,may be influenced by commercial considerations, including agreements with third parties. SomeContent licensed, provided to, or otherwise made available by us may contain advertising as partof the Content.You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable,royalty free and fully paid, worldwide license to use, reproduce, make available to the public(e.g. perform or display), publish, translate, modify, create derivative works from, and distributeany of your User Content in connection with the Services through any medium, whether alone orin combination with other content or materials, in any manner and by any means, method ortechnology, whether now known or hereafter created. Aside from the rights specifically grantedherein, you retain ownership of all rights, including intellectual property rights, in the UserContent. Where applicable and permitted under applicable law, you also agree to waive any“moral rights” (or the equivalent under applicable law) such as your right to be identified as theauthor of any User Content.LinksCompany may provide links to other websites, applications or resources. Because we have nocontrol over such sites, applications, or resources, you acknowledge and agree that Company isnot responsible for the availability or content of such external sites, applications, orresources. You may create a link to our website or mobile application so long as the link does notportray Company or its products or services in a false, misleading, derogatory, otherwiseoffensive manner. You may not use any of Company’s logos, trademarks, or other proprietarygraphics as part of your link.Third-Party RightsOther than as set out in this section, this Agreement is not intended to grant rights to anyoneexcept you and Company, and in no event shall the Agreement create any third-party beneficiaryrights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, orsettlement of this Agreement are not subject to the consent of any other person. Notwithstandingthe foregoing, Publishers are third-party beneficiaries of the rights associated with theLimitations of Liability below and any other provisions in which Publishers are specificallyreferenced.Copyright and TitleThe Services and all copyrights, trade secrets and other proprietary rights related to the Services,including any derivative work, are, and will remain the sole property of Company, regardless ofthe use made by you; and are protected by certain United States and international copyright lawsand trademark laws. The Services are licensed, not sold, to you. Neither this Agreement nor theuse of the Services confers any title of ownership in the Services and are not a sale of any rightsin the Services, including any intellectual property rights related thereto.WarrantyCompany warrants that the Services and all elements thereof do not infringe the intellectualproperty rights of any third party and agrees to hold you harmless and indemnify you withrespect to any final judgment obtained by a third party based on a claim that the Services infringeon the intellectual property rights of such third party.Disclaimer of WarrantyEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AREPROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND,ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT ORGUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF ANYINFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES OR PRODUCTS.WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALLERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE ANDMOBILE APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE. Because somejurisdictions may not allow the exclusion of implied warranties, such limitation may not apply inits entirety to you. Any warranties made in this Agreement are for your benefit only.Limitation of LiabilityIN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS,EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDINGDAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCEUPON THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTALLIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT ANDUSE OF THE SERVICES, REGARDLESS OF THE FORUM AND REGARDLESS OFWHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OROTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SIX-MONTH PERIODBEFORE THE CLAIM AROSE, OR A MAXIMUM OF $100.00, WHICHEVER ISMORE. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUEIN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OFAN EXCLUSIVE REMEDY.FURTHER, YOUR USE OF THE SERVICES MAY CARRY A RISK OF INJURY, DEATH,DAMAGE TO PROPERTY, AND OTHER POTENTIAL DANGER. NEITHER COMPANY,NOR ANY PUBLISHER, WILL BE LIABLE FOR ANY PERSONAL INJURY, DEATH,DISFIGUREMENT, DISEASE, DAMAGE TO PERSONAL PROPERTY, DAMAGE TOTHIRD-PARTY PROPERTY, OR OTHER RESULT OF YOUR USE OF THE SERVICES TONAVIGATE (THROUGH TURN-BY-TURN DIRECTION, USE OF A MAP, ONLINE OROFFLINE, OR OTHERWISE) ANY SITE OR LOCATION REFERENCED THROUGH THESERVICES.THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THEAGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OFLIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THEBARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOTALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTALDAMAGES, SUCH LIMITATIONS MAY NOT APPLY.Service Limitations and ModificationsCompany will make reasonable efforts to keep the Services operational. However, certaintechnical difficulties or maintenance may, from time to time, result in temporary interruptions.To the extent permissible under applicable law, we reserve the right, periodically and at any time,to modify or discontinue, temporarily or permanently, functions and features of the Services,with or without notice, all without liability to you, except where prohibited by law, for anyinterruption, modification, or discontinuation of the Services or any function or feature thereof.You understand and agree that Company has no obligation to maintain, support, upgrade, orupdate the Services, or to provide all or any specific content through the Services. Further,Publishers are not responsible (except as otherwise obligated by agreement with us) to update orprovide any new Content to the Services. Company and the owners of any Content (includingPublishers) may, from time to time, remove any such Content without notice to the extentpermitted by applicable law.Termination; SurvivalThis Agreement will continue to apply to you until it expires by its terms or is terminated byeither you or Company. However, you acknowledge and agree that the perpetual license grantedby you in relation to User Content is irrevocable and will therefore continue after expiration ortermination of any of this Agreement for any reason. We may terminate this Agreement orsuspend your access to the Services at any time, including in the event of your actual orsuspected unauthorized use of the Services and/or Content, or non-compliance with thisAgreement. You may terminate this Agreement at any time.Any sections of this Agreement that, either explicitly or by their nature, appear to be reasonablyintended to remain in effect even after termination of the Agreements, shall survive termination.Governing Law and JurisdictionThe Services are operated by Company from its offices in Utah in the United States. The validity,construction, and performance of this Agreement is governed by and construed in accordancewith the laws of the State of Utah, without reference to choice of law principles. You expresslyagree that exclusive jurisdiction for any claim or dispute with Company, this Agreement, orrelating in any way to your use of the Services, including your purchase of any Products, residesin the federal and state courts located in Salt Lake County, Utah, and you submit to and consentto jurisdiction and venue in said courts. You agree to waive any defense pertaining to jurisdictionand venue. In the event any provision hereof shall be held by a tribunal of competent jurisdictionto be contrary to law, the remaining provisions of this Agreement remain in full force and effect.Attorney FeesIn case of an action to enforce any rights or conditions of this Agreement, or appeal from saidproceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appealshall pay the prevailing party’s reasonable attorney fees and costs incurred.Entire AgreementThis Agreement is a binding contract and, inclusive of any Registration Form and our PrivacyPolicy, constitutes the entire agreement and understanding of the parties, whether oral or written,relating to the subject matter hereof; are intended as the parties’ final expression and completeand exclusive statement of the terms hereof, superseding all prior or contemporaneousagreements, representations, communications, and understandings, whether written or oral; andmay be amended or modified as provided herein.Non-WaiverNo waiver of any provision of this Agreement constitutes a waiver of any other provision,whether or not similar, nor does any waiver constitute a continuing waiver. Failure to enforce anyprovision of this Agreement does not operate as a waiver of such provision or any otherprovision or of the right to enforce such provision or any other provision.Severability; Binding EffectIf any provision of this Agreement is invalid or unenforceable in any respect for any reason, thevalidity and enforceability of any such provision in any other respect and of the remainingprovisions of this Agreement are not impaired. This Agreement is binding on and inures to thebenefit of the parties and their permitted heirs, personal representatives, successors, and assigns.Force MajeureCompany will not be liable for or be in breach of or default under this Agreement on account of,any delay or failure to perform as required by this Agreement because of any cause or conditionbeyond Company’s reasonable control.Defense and IndemnificationIn addition to the other provisions of this Agreement, you agree to defend Company from anyactual or threatened third party claim arising out of or related to your use of the Services, yourfailure to comply with any of the provisions of applicable law, and your breach of any of theprovisions of this Agreement. In addition, you agree to indemnify, defend, and hold harmlessCompany from and against: (a) all damages, costs, and attorney fees finally awarded againstCompany in any proceeding under this section; (b) all out-of-pocket costs (including reasonableattorney fees) reasonably incurred by Company in connection with the defense of suchproceeding (other than when you have accepted defense of such claim); and (c) if any proceedingarising under this section is settled, any amounts to any third party agreed to by you in settlementof any such claims.Privacy and SecurityCompany strives to comply with all applicable data protection and privacy laws, including theprovisions of the General Data Protection Regulation (“GDPR”) made effective in the EU onMay 25, 2018, the California Consumer Privacy Act of 2018 ("CCPA"), and the CaliforniaPrivacy Rights Act ("CPRA"), recently enacted and parts of which take effect on January 1,2022. We are committed to protecting the security of your personal information, and we takecommercially reasonable technical and organizational measures that are designed to that end.Our Privacy Policy outlines our procedures and your rights related to your information. Youracceptance of this Agreement also indicates your acceptance of our Privacy Policy. Further, youagree that you or other authorized users will:A. Never access, process, transfer, view, use, or store any Data (as defined in our PrivacyPolicy) of any third party without express authorization, and then only for purposes directlyrelated to fulfilling your contractual obligations under your agreement with any third party(“Data Secrecy”).B. Keep all Data strictly confidential and disclose Data only on a strict need-to-know basis toauthorized users only as required for fulfilling an individual’s contractual obligations(“Confidentiality”); however, you agree that you shall not disclose or otherwise makeaccessible Data under any circumstances to anyone who has not been obliged to DataSecrecy and Confidentiality.C. Ensure that your obligations of Data Secrecy and Confidentiality are observed forever, bothduring and after the expiration or termination of any agreement with us or any contractualrelationship you may have another party.D. Upon our request, to provide Company with satisfactory evidence that you have compliedwith your obligations of Data Secrecy and Confidentiality as set forth in this Agreement.


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