Terms and Conditions of Service

Terms and conditions of service

Welcome and thank you for your interest in soCommercial ( “us,” “our,” “we,” or “Company”). By clicking a registration or new account submission button, or by otherwise using our website, network, mobile applications, or other services provided by soCommercial (collectively, our “Services”), or accessing any content provided by us through our Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”). These Terms of Use apply to your use of soCommercial’s Services. They constitute a legal contract between you and soCommercial, and by accessing or using any part of our Services you agree to be bound by these Terms of Use and represent and warrant that you have the right, power and authority to agree to be bound by these Terms of Use.

1. Permitted UsesSubject to the restrictions set forth below, you may use our Services to view listings for the lease or sale of commercial real estate (“Listings”) and to create and publish Listings for properties owned, controlled or represented by you for inclusion in, and for marketing on, the soCommercial website. By listing a property with soCommercial you warrant and represent that your property is permitted to be used as a commercial space by applicable municipal, state, or federal law.

(b) Where your Listing on the Website incorporates Company Information, you are granted a limited, revocable, and non-sub-licensable license to use such Company Information strictly in connection with your Listing on our website.

(c) You may, in the ordinary course of business, provide a hyperlink to our website or to any Listings therein provided that you must remove such hyperlink upon our request and no such hyperlink may be included in any website or application of a competitor of Company.

2. Prohibited UsesExcept as specifically set forth in the “Permitted Uses” section above, you shall not:

  • copy, export, or store any portion of our Services into any database or software program; or
  • distribute, modify, reproduce, or otherwise create derivative works from our Services;
  • disassemble, or reverse engineer any portion of our Services;
  • remove or modify any copyright, trademark, or other intellectual property notices that appear in our Services;
  • infringe any copyright, trademark, patent, trade secret, or other proprietary right of ours or any other party;
  • use our Services in any way that is unlawful, or harms the Company, our service providers, suppliers, affiliates, or any other user;
  • use our Services in any way to discriminate against any individual or class of individuals protected under federal or state laws, or which otherwise promotes illegal, racist or discriminatory activities;
  • distribute unsolicited messages or spam through our Services;
  • use our services in any way that is unlawful, abusive, harassing, misleading, obscene, violative of any rights of any party, or is otherwise objectionable in our sole discretion;
  • impersonate another person or entity, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
  • use our Services to market properties or otherwise communicate with contacts acquired from our Services without obtaining the appropriate consents as required by applicable law;
  • use our Services if you are a competitor of soCommercial or provide any aspect of our Services to any competitor of soCommercial;
  • use any portion of our Services in connection with any other listing service;
  • expose our Services or any user to software viruses or any other computer code or programs that have the capability to damage, improperly access, or disable any aspect of our Services or the activities of other users of our Services or of any equipment used by us or other users;
  • post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
  • interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
  • conduct automated queries (including scraping, spiders, robots, crawlers, or any other automated activity) with the purpose of obtaining information from our Services;
  • use any portion of our Services in a manner that would violate any federal, state, or municipal, law, code, regulation, ordinance, or rule, including but not limited to those relating to or governing advertising, real estate brokers, real estate realtors, mortgage brokers, landlord/tenant relationships, defamation, fraud, securities, spam and privacy.
  • use our Services in a manner or purpose for which they are not intended;
  • use any of soCommercial’s trademarks as part of your screen name or email address on the Services;
  • access or use any of the Services to develop competitive products or services; or
  • attempt to, or permit or encourage any third party to, do any of the above prohibited activities.

3. Disclaimer/No Warranties/No Advice

YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, AND ACCURACY REGARDING ANY PROPERTY VIEWED OR LISTED ON OUR SERVICES IS YOURS AND THAT WE ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTY OR WARRANT ANY ASPECT WHATSOEVER OF ANY PROPERTY VIEWED OR LISTED ON OUR SERVICES INCLUDING BUT NOT LIMITED TO CONDITION, MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, THE EXISTENCE OF ENCUMBRANCES, THE EXISTENCE OF LIENS, ZONING, AND NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR SERVICES OR ANY MATERIALS AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING ANYTHING THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU FURTHER AGREE AND ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY REAL ESTATE, FINANCIAL, OR LEGAL ADVICE OR RELATED ADVICE OF ANY KIND.

IN ADDITION, WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE DUE TO FORCE MAJEURE EVENTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, GOVERNMENT ACTIONS, WARS, ACTS OF TERRORISM, LABOR DISPUTES, PANDEMICS, POWER OUTAGES, INTERNET OR TELECOMMUNICATIONS FAILURES OR OTHER EVENTS THAT COULD NOT HAVE BEEN ANTICIPATED OR AVOIDED THROUGH THE EXERCISE OF REASONABLE DILIGENCE.

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

4. Limitation of Liability/Exclusive Remedy.

YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIAL PUNITIVE) INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, OUR SERVICES OR ANY MATERIALS ON OUR SERVICES, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, ERROR, PERSONAL INJURY, OR ANY OTHER THEORY OF RECOVERY OR CAUSE OF ACTION OF ANY NATURE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT WE ARE FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE OUR SERVICES, WHETHER IN TORT OR CONTRACT, OUR LIABILITY TO YOU IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID US TO USE OUR SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

5. Termination or Suspension of Services

a) You acknowledge and agree that soCommercial may suspend or terminate your access to our Services at any time in our sole discretion.

If your termination is due to your breach of any provision of these Terms of Use, soCommercial’s remedies shall include any and all relief available at law or in equity. You acknowledge that any breach of these Terms of Use will cause irreparable harm and injury to Company for which there is no adequate remedy at law, and therefore in addition to all other remedies available at law or in equity, you agree that soCommercial shall be entitled to injunctive relief against you. We shall be entitled to recover all attorney’s fees and costs we incur in enforcing any term of these Terms of Use. In addition, you acknowledge and agree that if you violate any term of these Terms of Use you will be precluded from enforcing these Terms of Use or any similar contract, asserted to be binding upon soCommercial. If you violate any provision of these Terms of Use, your permission to use our Services will terminate automatically.

(b) We update and change our Services from time to time, and we reserve the right at any time to modify or discontinue, temporarily or permanently, our Services or any part thereof without notice; you agree that soCommercial shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

(c) Upon any termination of our Services, you shall permanently destroy all elements of our Services within your possession or control. Upon our request, you shall provide us with written certification of your compliance with the terms of this paragraph.

In addition, we may, in our sole discretion, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend, or discontinue our Services or any portion of our Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services.

6. User Materials.

  • A. UGC Definition; License Grant.Certain portions of the Services may allow users to upload or otherwise provide images, photos, video, data, text, listings, and other content (“User Materials”) on our Services. By providing User Materials to or on our Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with our Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on our Services or that you otherwise make available through the Services and will ensure that all User Materials conform with these Terms of Use. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize the us and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
  • B. UGC Disclaimer.We are under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, remove or edit any User content on our Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable in our sole discretion. You understand that when using our Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, or objectionable. You agree to waive, and do waive, any legal or equitable remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice.

7. Third Party/Linked Services/Sent information.

A. Generally. Our Services may include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with our Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, and materials, or a Third-Party Provider’s use of your User Information. By allowing User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing phone calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

B. Certain Third-Party Services. (i) Referrals and Lead Sales. As part of our Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with us, then we may receive a financial or other benefit from the referral between such affiliates

(ii) Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through our Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize us to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through our Services is not an application for credit. In the case of non-affiliated financial products, we are only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by us and we are not responsible for the decisions of any Third-Party Provider. Any non-binding quotes provided by Third-Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act, or to otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Except as set forth above or as otherwise disclosed to you or provided in other Product’s Terms, we: (a) are not a Third-Party Provider, loan originator, loan processor or underwriter; (b) do not aid or assist applicants in obtaining loans, soliciting applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (c) do not take mortgage applications, make loans or credit decisions, or prequalify or preapprove applicants for loans; (d) are not an agent of either any consumer or any Third-Party Provider; (e) do not endorse, refer, or recommend any Third-Party Provider that pays us, or the products of any Third-Party Provider that pays us; (f) are not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) do not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.

(iii) Rental Products.We do not process, or store background or credit check information related to our rental products and do not control how a landlord uses background or credit check information in evaluating applications submitted to them. We do not guarantee any acceptance by a landlord of an application but do require all landlords using our Services to comply with the Fair Housing Act and other applicable laws.

8. Intellectual Property.Our Services are owned and operated by soCommercial. The design, interfaces, information, code, data, products, graphics, software, and all other elements of our Services that we provide are protected by intellectual property laws and are the property of soCommercial. Except as expressly allowed by these Terms of Use, you may not make use of our Services not granted expressly in these Terms of Use

9. Feedback.If you choose to provide comments or suggestions regarding our Services, then you hereby grant us an unrestricted, irrevocable, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.

10. DMCA; Claims of Copyright Infringement.. Anyone who believes that their work has been reproduced on our Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  • (i) Identification of the copyrighted work that you claim has been infringed;
  • (ii) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  • (iii) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  • (iv) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
  • Notices of copyright infringement claims should be sent as follows:
  1. o By Mail:
    • soCommercial.
    • 1133 Normandy Drive
    • Miami Beach, Florida 33141
    • Attention: Copyright Agent
  2. o By Email:
    • info@soCommercial.com

  3. oIf you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

11. Deactivation /Changes to Agreement.You may deactivate your account at any time by selecting “delete account” in your account settings. You can delete your account and all your account data by submitting a request to “delete your data” at info@socommercial.com. 45 days to comply. If you delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to deletion relating to your use of our Services.

12. Privacy Policy/Other Terms.

  • A. Privacy Policy. We will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

13. Indemnification.You agree to indemnify, defend, and hold harmless soCommercial, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, our Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.

14. Choice of Law; Disputes; Pre-Suit Notice. . These Terms of Use are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Miami-Dade County, Florida for all disputes, claims, and actions arising from or in connection with our Services or otherwise under these Terms of Use. We operate our Services from our offices in Florida, and we make no representation that the Services are appropriate or available for use in other locations.

YOU MUST NOTIFY US OF ANY CLAIMS OR POTENTIAL CLAIMS YOU MAY HAVE AGAINST US AND PROVIDE US WITH NINETY (90) DAYS TO CURE OR RESOLVE YOUR CLAIMS PRIOR TO INITIATING ANY LAWSUIT AGAINST US IN ANY FORUM. YOU ACKNOWLEDGE AND AGREE THAT COMPLIANCE WITH THIS 90-DAY NOTICE PROVISION IS A CONDITION PRECEDENT TO THE FILING OF ANY LAWSUIT AGAINST US IN ANY FORUM.

NOTICE OF CLAIMS MUST BE SUBMITTED AS FOLLOWS
  1. o By Mail:
    • soCommercial.
    • 1133 Normandy Drive
    • Miami Beach, Florida 33141
    • Attention: Copyright Agent
  2. o By Email:
    • info@soCommercial.com

  3. oIf you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

IF BY EMAIL, THE SUBJECT LINE OF YOUR EMAIL MUST STATE: “NOTICE OF CLAIM”.

15. General.If any part of these Terms of Use is determined to be invalid or unenforceable, then that provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. Further, if any part of these Terms of Use is determined to be invalid or unenforceable, the remainder of the Terms of Use will remain in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in our Services. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and soCommercial with respect to our Services and supersede all communications of any kind between you and soCommercial. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-22. Doesn’t invalidate entire agreement

16. Consent to Communications.By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding our Services or to receive further information regarding use of our Services.

18. Contact Information. soCommercial.may be contacted via mail at 1133 Normandy Drive, Miami Beach, FL 33141 or via email at info@soCommercial.com.

19. Notice to Apple Users.If you are using our mobile applications on an iOS device, the terms of this Section 19 apply. You acknowledge that these Terms of Use are between you and soCommercial only, not with Apple, and Apple is not responsible for our Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to our Services. If our Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to our Services: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 19 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 19 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.