Decipher Terms of Use

Last Updated: October 16, 2018


IMPORTANT: Please carefully review the following terms and conditions ("Terms of Use") before accessing, using or submitting content to the Decipher emotion analysis software (the "Software"). In these Terms of Use, "we," "us" and "our" all refer to Cetera Financial Group, Inc. and its affiliates who may provide access to the Software or other content on a Decipher website (collectively, the "Site") or downloadable or mobile application (the “Application”), including but not limited to Cetera Advisor Networks LLC, Cetera Advisors LLC, Cetera Financial Specialists LLC, Cetera Investment Services LLC (collectively, "CFG"). The terms "you," "your," "yours," and "User" refer to the individual accessing the Software.

Use of the Site, Application and Software is expressly conditioned on your acceptance of these Terms of Use. BY ACCESSING OR USING THE SITE, APPLICATION OR SOFTWARE, YOU SIGNIFY YOUR ASSENT TO, ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CERTAIN CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE SET FORTH BELOW, YOU MUST NOT ACCESS OR USE THE SOFTWARE.

BY ACCESSING OR USING THE SITE, APPLICATION OR SOFTWARE, YOU AFFIRM THAT YOU ARE NOT A RESIDENT OF A MEMBER COUNTRY OF THE EUROPEAN UNION (EU) OR EUROPEAN ECONOMIC AREA (EEA) AND THAT YOU ARE NOT CURRENTLY LOCATED IN THE EU OR EEA. THIS SITE, APPLICATION AND SOFTWARE ARE NOT INTENDED FOR USE BY PERSONS LOCATED IN THE EU OR EEA, AND NEITHER CFG NOR ITS AFFILIATES OFFER ITS SERVICES TO PERSONS IN THE EU OR EEA.
1. Access
  1. The Software is provided on the Site and in the Application. To access the Software via the Site, a link will be provided by us or by a registered representative or investment advisor representative associated with CFG (a “Representative”). To access the Software via the Application, you must (i) download the Application, and (ii) follow instructions provided on the Application.
  2. CFG grants you a nonexclusive, nontransferable, nonassignable, revocable right to access the Software from the Site and/or Application, subject to these Terms of Use and all applicable laws, rules and regulations. By accessing the Site and Software, you acknowledge and agree that CFG may gather information about your local computer such as, but not limited to, IP address, browser version and configuration, and operating system type in accordance with the Online Privacy Policy which is incorporated by reference and made a part of this Terms of Use.

2. Ownership
  1. The Software is owned and hosted by a third party host (the "Host"). The Host retains ownership of and all right, title and interest in and to the Software, including any updates, bug fixes, maintenance releases and customizations made thereto.
  2. Cetera Financial Group, Inc. retains all right, title and interest to the Reports (defined in Section 3).
  3. The Site and Application and any content, text, graphics, logos, images, data compilations and icons thereon, as well as the design, structure, coordination and arrangement of the same, and any trademarks, trade names, trade dress, logos, service marks, brand marks or other intellectual property of CFG, including but not limited to the Decipher trademark (collectively, the “CFG Content“), which may be displayed on the Site or Application or otherwise in connection with the Software or related services, are the property of Cetera Financial Group, Inc. and/or its affiliate, Cetera Financial Holdings, Inc. (“CFH“), and are protected by United States and international copyright, trademark and trade dress laws, and various other intellectual property rights, unfair competition laws and other applicable laws.
  4. You acknowledge that the CFG Content and all rights therein belong exclusively to Cetera Financial Group, Inc. and/or CFH, and that these Terms of Use, other than as specifically provided for herein, do not confer upon you any other rights, goodwill, or other interest in the CFG Content. You recognize the validity of all CFG Content, and the ownership thereof by Cetera Financial Group, Inc. and/or CFH, and will not at any time take any action nor fail to act, the result of which would either (1) contest, impair or jeopardize in any way any of Cetera Financial Group, Inc.'s or CFH's right, title and interest in and to the CFG Content or cause the validity or enforceability of the CFG Content or Cetera Financial Group, Inc.'s or CFH's ownership thereof to be called into question, or (2) invalidate or impair the CFG Content or tarnish, disparage, degrade, dilute or injure the CFG Content (or the goodwill associated therewith) or the reputation of CFG or CFH.
  5. The Host, CFG and CFH retain all rights not expressly granted to you.
3. Analysis and Report
Use of the Software requires input from you. Based on your input, the Software will select and present to you certain video content, during which the Software will gather data to assess and analyze your reactions. By using the Software, you authorize the Host to collect and use, during your use of the Software, (i) images and video of you, and (ii) data points related to your facial geometry (collectively, “Image Data“). All Image Data is destroyed as you use the Software and is not retained by the Host or CFG. The Software will also collect, use and record measurement data related to your facial movements detected by the Software during your use of the Software, in JavaScript Object Notation (“JSON“) format (“Metric Data“). The Host will analyze your Metric Data, in conjunction with any other input you have provided, and a report will be created reflecting your results (“Report“). The Host will provide you with a copy of your Report, which may be sent to you via email, including without limitation in the form of an attachment or a link for electronic access to the Report. The Host will also provide a copy of the Report to CFG.
4. Privacy
Your Metric Data, your Report and any information you provide to CFG through the Software will be maintained by CFG in accordance with the Consumer Privacy Notice and Privacy Policy available on the Site and Application.
5. Technical Requirements
Your use of the Software may require a laptop, desktop computer, mobile device or other device (collectively, “Device“) with a camera function. It may be necessary to install other software on any such Device in order to access or operate the Software, including but not limited to Microsoft Windows 10, Windows 8, Windows 7, OSX 10.10, Microsoft Internet Explorer 11, Microsoft Edge, Chrome version 43 and above, Firefox version 38 and above, Safari version 8 and above, Opera versions 15 and above, and (within six months of the applicable software licensor's releasing them) all of their updates, upgrades and replacement programs, as applicable.
6. Use of the Site, Application, Software and Reports
  1. You may not and you agree not to, or enable others to:
    1. rent, lease, share, resell, sublicense, distribute, transfer, copy, reproduce, display, modify or timeshare the Software or any portion of it;
    2. permit any third party to access, use or display the Software or any services related thereto;
    3. take any action to reverse engineer, compile, translate, disassemble, copy or create derivative works of or based on the Software, in whole or in part, nor permit any third party to do so; or
    4. use the Software or any portion of it as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution.
  2. Prohibited uses of and activities related to the Software, Reports and any related services include, without limitation, any use or activity that involves, facilitates or attempts any of the following:
    1. to threaten, violate, or encourage the violation of, the legal rights of others;
    2. for any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
    3. accessing, sending, receiving, displaying, perforating, disclosing, storing, or executing any content (a) in violation of any copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property right; (b) in violation of any applicable agreement; or (c) without authorization;
    4. to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
    5. to interfere with the use or proper working of the Software, Reports, related services or any equipment used to provide the same;
    6. to alter, disable, reverse-engineer, interfere with, circumvent, copy, translate or create a derivative work of any aspect of the Software or Reports;
    7. to use the Software, Reports, or a component of the same, in a manner not authorized by CFG or the Host;
    8. to remove, modify or obscure any brand features, links, or notices appearing in the Software, Report or any other content related thereto;
    9. to violate any documentation or other material included or provided with the Software or Reports;
    10. to loan, sell, lease or use for timesharing or service bureau purposes the Software, Reports or any component thereof or any related services; or
    11. use any type of data gathering tools to access, acquire, copy, or monitor any portion of the Site, Application or Software, without CFG's express written consent, which CFG may withhold for any reason.
  3. The Site, Application and Software may be used only for their intended purpose by intended users in accordance with these Terms of Use, and may not be copied, reproduced, republished, retransmitted in any form or by any means, modified, distributed, sold, transferred, reverse-engineered or used to create a derivative work, without the express written consent of CFG or, with respect to the third party content, the applicable Independent Provider (defined in Section 10).
  4. Unauthorized or unlawful use of the Site, Application or Software or any third party content will result in termination of your access to the Site, Application and Software, and such unauthorized use may violate United States and international copyright, trademark and trade dress laws, and various other intellectual property, unfair competition and other applicable laws.
  5. Users of the Site, Application and Software remain responsible for their own compliance with all applicable laws, rules and regulations.
  6. Information contained in Reports is educational in nature and may assist you in evaluating your financial goals. Such information is not intended to constitute financial, investment, legal or tax advice. Your reliance on any Report is at your own risk.
7. User Representations and Warranties
  1. By accessing and using the Site, Application or Software, you represent and warrant that you:
    1. Are 18 years of age or older;
    2. Are not a resident of or otherwise located in a member country of the European Union or European Economic Area;
    3. Reside in a geographic area in which CFG Affiliate products and services are available (your eligibility for particular products and services is subject to final determination and approval by the applicable CFG Affiliate);
    4. Will provide information to CFG and its Affiliates, as applicable, that is true, accurate, current, and complete;
    5. Will use the Site, Application and Software solely for your personal use; and
    6. Will comply with all applicable laws, rules, regulations, and regulatory guidance.
8. Breach of Terms of Use
If CFG believes, in its sole discretion, that a breach of these Terms of Use has occurred, it may take any corrective action it deems appropriate, including reviewing any suspected violations and gathering information from users of the Software. You agree to cooperate with CFG in any such review.
9. User Termination
CFG reserves the right to terminate, suspend or restrict your access to the Site, Application and/or Software in its sole discretion at any time, for any or no reason, including without limitation breach of these Terms of Use, without notice to you, even if the Site, Application and Software remain operational and accessible to other users. Accessing or attempting to access the Site, Application or Software after such termination shall constitute trespassing.
10. Third Party Providers
  1. Certain content on the Site or Application may be provided by independent, third parties (collectively, “Independent Providers“).
  2. ANY THIRD PARTY CONTENT ON THE SITE OR APPLICATION IS OBTAINED FROM SOURCES BELIEVED TO RELIABLE. CFG EXPRESSES NO OPINION AS TO AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS OR ADEQUACY OF ANY THIRD PARTY CONTENT PROVIDED ON THE SITE OR APPLICATION OR OTHERWISE IN CONNECTION WITH THE SOFTWARE.
11. Third Party Links
Once you leave the Site or Application, CFG and its Affiliates accept no responsibility for, and make no representations or warranties regarding, the content, products, services or privacy policies of any third party websites. Any links to other websites (“Linked Websites“) or references to products, services, or publications other than those of CFG or its Affiliates are provided solely as a convenience to you and do not imply the endorsement or approval of such Linked Websites or such products, services, or publications by CFG or its Affiliates. If you choose to access Linked Websites, you do so at your own risk. Neither CFG nor its Affiliates monitor the Linked Websites for accuracy or completeness. You are solely responsible for evaluating the accuracy, reliability and timeliness of any information on a Linked Website.
12. Modifications
  1. CFG may, at its sole discretion and at any time, modify these Terms of Use in whole or in part. Your continued use of the Site, Application and/or Software will be subject in all respects to the Terms of Use in force at the time of such use, and such continued use will constitute your acceptance of such modifications. You are encouraged to visit these Terms of Use from time to time to review any such modifications. CFG may provide you notice by email, or by other methods, if in the exercise of its sole discretion CFG determines that modifications materially and adversely affect your rights.
  2. CFG reserves the right to modify, at its sole discretion, any aspect of the Site, Application and Software or the information thereon at any time and without notice to you. Any such modification will be effective immediately upon posting, and your continued use of the Site, Application and/or Software will constitute your acceptance of such modifications.
13. Electronic Communications
The Site or Application may provide e-mail addresses or other methods for electronic communication with CFG, its Affiliates or their representatives. All e-mail or other messages sent to and from CFG, its Affiliates or their representatives will be stored and archived.
14. Telephone Call Monitoring and Recording
Authorized employees or agents of CFG or its Affiliates may monitor and record all or portions of your telephone calls to CFG or its Affiliates for quality control, customer service, employee training, security, and other lawful purposes.
15. No Representations or Warranties
THE SITE, APPLICATION, SOFTWARE AND REPORTS ARE PROVIDED BY CFG AND ITS AFFILIATES (COLLECTIVELY “CFG“) ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. EXCEPT FOR ANY WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER LAW APPLICABLE TO THESE TERMS OF USE, CFG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, APPLICATION, SOFTWARE, OR REPORTS, THEIR AVAILABLITY, FUNCTIONALITY OR OPERATION, OR THE INFORMATION, CONTENT, DATA, PROGRAMS, OR PRODUCTS INCLUDED THEREIN. CFG DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION CONTAINED ON OR IN THE SITE, APPLICATION, SOFTWARE OR REPORTS, OR THAT ACCESS TO THE SITE, APPLICATION, SOFTWARE OR REPORTS WILL BE UNINTERRUPTED. CFG DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SITE, APPLICATION, SOFTWARE OR REPORTS WILL PROVIDE SPECIFIC RESULTS. CFG MAKES NO WARRANTY THAT THE SITE, APPLICATION, SOFTWARE OR REPORTS WILL BE TIMELY, SECURE OR ERROR FREE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CFG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT CFG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), AND NON-INFRINGEMENT, AND ANY SUCH WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

YOU BEAR FULL AND COMPLETE RESPONSIBILITY IN THE USE OF, OR RELIANCE ON, THE SITE, APPLICATION, SOFTWARE AND REPORTS. YOUR USE OF THE SITE, APPLICATION, SOFTWARE AND REPORTS IS AT YOUR SOLE RISK.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CFG NOR ITS AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR COMPUTER EQUIPMENT, MOBILE OR OTHER DEVICE OR OTHER TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM YOUR USE OF THE SITE, APPLICATION OR SOFTWARE, YOUR BROWSING IN OR DOWNLOADING OF ANY CONTENT FROM THE SITE, APPLICATION OR SOFTWARE, OR YOUR ACCESSING, ATTEMPTING TO ACCESS OR DOWNLOADING ANY REPORT. IN NO EVENT WILL CFG OR ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR INCONVENIENCES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH (A) ANY USE OF THE SITE, APPLICATION, SOFTWARE OR REPORTS, EVEN IF CFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY FAILURE, DELAY, OR UNAVAILABILITY (INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE OR ACCESS THE SITE, APPLICATION, SOFTWARE OR REPORTS), EVEN IF CFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFG AND ITS AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, APPLICATION, SOFTWARE OR THE REPORTS.

CFG WILL NOT BE LIABLE FOR ANY LOSSES, CLAIMS, INJURIES, LIABILITIES OR DAMAGES RESULTING FROM A CAUSE OVER WHICH CFG DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, INACCESSIBILITY OF ANY SERVICE PROVIDERS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, WAR, ACTS OF TERRORISM, EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS, GOVERNMENT RESTRICTION, EXCHANGE OR MARKET RULINGS, SUSPENSION OF TRADING, ACTS OR OMISSIONS OF UNAFFILIATED THIRD PARTIES, ACTS OF GOD OR UNFORESEEN ILLEGAL ACTIONS OF ANOTHER (“FORCE MAJEURE“ CONDITIONS).
17. Idemnification
You will indemnify, defend and hold harmless CFG, its Affiliates, and their respective officers, directors, employees, representatives and agents from and against any claim, damages, cause of action or demand, including, but not limited to, reasonable legal, accounting, attorneys' fees and other professional fees, brought by you or on your behalf or by third parties, as a result of your use of the Site, Application, Software or Reports.

THE FOREGOING “NO REPRESENTATION OR WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION“ PROVISIONS MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
18. Headings
The headings used in these Terms of Use are included for convenience only and will not limit or affect in any way these Terms of Use.
19. Waiver and Serverability
Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal, or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
20. Notice
Notices permitted or required to be given by you under these Terms of Use shall be in writing, to the following address:

Cetera Financial Group, Inc.
Attn: General Counsel
200 N Sepulveda Blvd., Suite 1200
El Segundo, CA 90245
21. Choice of Law
To the maximum extent permitted by applicable law, all Site, Application and Software activity and these Terms of Use are governed by the laws of the State of California, without regard to conflict of law principles.
22. Court Costs and Attorneys' Fees
Except as otherwise provided in Section 23(d), in the event of any dispute with respect to the subject matter of or construction of these Terms of Use, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs incurred in resolving or settling the dispute, in addition to any and all other damages or relief which a court may deem proper. “Court costs“ includes the cost of arbitration proceedings, except that the User will be liable for arbitration proceedings to the extent that the User would have incurred costs in court proceedings.
23. Pre-Dispute Arbitration Clause
  1. Except where prohibited by law, any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be determined by arbitration in the County of Los Angeles in the State of California, before three (3) arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
  2. User and CFG (collectively referred to herein as "parties") understand and agree that:
    1. The parties are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed;
    2. Arbitration awards are generally final and binding, and a party's ability to have a court reverse or modify an arbitration award is very limited;
    3. The parties' ability to obtain discovery including documents, witness statements, or other discovery is generally more limited in arbitration than in court proceedings;
    4. The arbitrators do not generally have to explain the reason(s) for their award and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited;
    5. The rules of some arbitration forums may impose fees and time limits for bringing a claim in arbitration;
    6. The rules of the arbitration forum in which the claim is filed and any amendment thereto are incorporated into these Terms of Use
    7. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein; and
    8. This pre-dispute arbitration agreement shall survive the termination of these Terms of Use.
  3. There are two exceptions to this arbitration agreement. First, if we reasonably believe that you have violated or threatened to violate our intellectual property rights or if you use the Site in violation of Section 6, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction without first proving actual damages or posting a bond. Second, any claim, at the option of the claiming party, may be resolved in small claims court in Los Angeles, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
  4. Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, CFG will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, CFG is relieved of its obligation to reimburse you for any fees associated with the arbitration.
  5. This Section or any of its provisions are void where prohibited by law.
24. Entire Agreement
These Terms of Use do not modify, amend, or replace any other agreements that you may have with CFG or its Affiliates, including without limitation investment advisory agreements, account agreements and electronic delivery agreements. In the event of any conflict between the provisions of these Terms of Use and any other agreements you may have with CFG or any of its Affiliates (collectively, the "Other Agreements"), then the provisions of the Other Agreements will govern, except with respect to the subject matter hereof.
25. Survival
The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision hereof, which shall remain in full force and effect.
26. Terms Applicable for Apple iOS and Other Platforms
If you are accessing or using the Software through Apple, Android, or any other platform, these are third-party services. If you access the Software via Apple, see below for additional terms and conditions that are applicable to you and are incorporated into the Terms of Use by this reference.TERMS APPLICABLE FOR APPLE IOS
  1. To the extent that you are accessing the Software through an Apple Device, you acknowledge that these Terms of Use are entered into between you and CFG and that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
  2. Any rights granted to you by CFG under the Terms of Use are subject to the permitted Usage Rules set forth in the App Store Terms of Use. (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Software.
  3. You acknowledge that CFG, and not Apple, is responsible for providing the Software and content thereof.
  4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Software.
  5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software.
  6. vi.Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms of Use, you acknowledge that, solely as between Apple and CFG, CFG, and not Apple is responsible for addressing any claims you may have relating to the Software, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Software fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  7. Further, you agree that if the Software, or your possession and use of the Software, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Use, and that, upon your acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.
  9. When using the Software, you agree to comply with any and all third-party terms that are applicable to any platform, website or technology that interacts with the Software.