Effective Date: Aug 31, 2022
The following terms and conditions (the “Terms”) govern your use of the websites located at www.etutors.live and at www.etutoring-online.com and other websites and mobile applications on which Etutors.Live LLC or one of their affiliates (collectively, “we,” “us,” or “our”) posts these Terms (collectively “Sites”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE.
Users under the age of 18 must (a) review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms, and (b) not access the Site and uninstall any application if his or her parent or legal guardian does not agree to these Terms.
1. PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, the technology underlying the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and instructional materials and other text), software, code, and data available to you in connection with the Site or Services and all content related to our programs even if the content is not accessed through the Site (collectively, “Company Content”), and the look and feel, design and organization of the Site. Your use of the Site or Services does not grant to you ownership of any Company Content.
2. LIMITED LICENSE
You may access and view the Company Content on your computer or other internet compatible device, and make single copies or prints of the Company Content for your personal, non-commercial use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such software or documentation solely to utilize the Services. Such license will terminate when you no longer use the Services. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only. The Site and the Services, including any Company Content, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice.
Trademarks, logos, service marks and trade names (collectively, “Trademarks”) that are ours or Trademarks of any third party displayed on the Site or on Company Content may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
4. USER CONTENT
(a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs (“User Content”) will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any “moral rights” in User Content have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute the User Content (in whole or part). We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time.
(c) For any academic source materials such as those from textbooks and workbooks which you submit to us in connection with the Services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your instructional session, as “fair use” under copyright law.
5. CERTAIN OBLIGATIONS AND PROHIBITIONS
(a) Any commercial distribution, publishing or exploitation of the Site or any Company Content is strictly prohibited. Except as expressly permitted by these Terms or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works of, sell or otherwise exploit any Company Content. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the Services, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of the Company Content or Services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site
(c) You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any Services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the Services including but not limited to any information residing on any server or database connected to the Site or any Services; (ii) use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including but not limited to sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the Services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site, the Services, or any feature made available on or through the Site, any materials or code which (i) restrict or inhibit any other user from using and enjoying the Site or the Services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
(f) You agree that you will treat our online tutors, instructors, and counselors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site, Services, and information offered on the Site to recruit, solicit, or contact in any form tutors, instructors, or counselors for employment or contracting for a business not affiliated with us without our advance written permission.
(g) If you use, or assist another person in using, our online tutoring services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur (with a minimum $250 charge). You agree that we may charge any credit card number provided for your account for such amounts. For example, if you create 20 accounts under a hypothetical “one free hour” promotion, using multiple cell phones and/or credit cards, you agree that we may charge your card $1,000 (20 hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs.
6. RIGHT TO MONITOR AND EDITORIAL CONTROL
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Services or Site’s features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms or applicable law, or for any other reason without notice of liability.
7. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
8. COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a notice with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site (and such description must be reasonably sufficient to enable us to find the allegedly infringing material);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement can be provided to our Copyright Agent at email@example.com
We may terminate the accounts of any infringers.
(a) You may be able to link from the Site to third party websites and third party websites may link to the Site. Our tutors, instructors, and counselors may also send you links to third party websites. You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through third party websites. Links to third party websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
(b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or the Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Site on another website, for any purpose, including but not limited to posting such images on another website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms. 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 such case, you agree to cooperate with our defense of such claim.
11. PRODUCTS AND SERVICES
(a) Our Student Enrollment Agreement Terms and Conditions set forth additional terms applicable to certain Services you may purchase on the Site.
(b) You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line Services.
(c) To use the Services, you will need to register on the Site, pay any applicable fees, and create an account, username and password. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of the Services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else’s account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any Services after we have terminated or suspended your access to the Site or the Services.
12. DISCLAIMER OF WARRANTIES
(a) THE SITE, THE SERVICES, AND COMPANY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR YOUR DOWNLOADING OF ANY COMPANY CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from tutors, instructors, or counselors (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR TUTORS, INSTRUCTORS, AND COUNSELORS OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR, INSTRUCTOR, OR COUNSELOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE OR THE SERVICES.
13. LIMITATION OF LIABILITY
(a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TUTORS, INSTRUCTORS, AND COUNSELORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR COMPANY CONTENT, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
(b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE SERVICES. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, THE SERVICES, OR COMPANY CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE SERVICES IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
14. APPLICABLE LAWS AND ARBITRATION
We control and operate the Site and Services from our offices in the United States of America. We do not represent that materials on the Site or Services are appropriate for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site or Services will be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
(a) By using the Site or Services, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
(b) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms, and any dispute between you and us, will be governed by the laws of the State of California without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.
We may terminate, change, suspend or discontinue any aspect of the Site or the Services at any time. We may restrict, suspend or terminate your access to the Site or the Services if we believe you are in breach of these Terms or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
We reserve the right, at our sole discretion, to modify any portion of these Terms at any time. Changes in these Terms will be effective when posted. Your continued use of the Site and/or the Services after any changes to these Terms are posted will be considered acceptance of those changes.
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
These Terms comprise the entire agreement between you and us concerning the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We may assign these Terms to any person or entity without your consent. You may not assign these Terms without our prior written consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Sections 1, 3-6, 9-14, 17, 18, 20 and any other provisions of these Terms which would be expected to survive the termination or expiration of your relationship with us will so survive.
19. REFERRAL PROGRAM
STUDY TOGETHER, EARN MONEY TOGETHER Referral Program Terms and Conditions
Refer a friend to take a test prep program with us, whether a course or private tutoring (other than an MCAT program that is $1,000 or more). To sign up for the Study Together, Earn Money Together Referral Program, create an account on the referral program page or log into the page with your account information. From that page, you can send your friend a personalized link to register for a test prep program by entering your friend’s email address, share the link through Facebook, or copy the link and send it yourself. We will send you and your friend a $25 Amazon.com Gift Card* by email about 30 days after:
- your friend uses your personalized link to register for a test prep program that is $199 or more and starts the test prep program by June 6, 2021, and
- you start a test prep program with us that is $199 or more by June 6, 2021 (or you have previously taken such a program according to our records).
This referral program is only available to U.S. and Canada customers and applies only to referrals that you made before April 6, 2021.
For the invited friend: we will notify the friend who invited you when you enroll in a test prep program and have earned the gift card.
MCAT REFER-A-FRIEND PROGRAM Special Terms and Conditions
Refer a friend to take an MCAT program with us, whether a course or private tutoring. To sign up for the MCAT Refer-A-Friend Program, create an account on the referral program page or log into the page with your account information. From that page, you can send your friend a personalized link to register for an MCAT program by entering your friend’s email address, share the link through Facebook, or copy the link and send it yourself. We will send you and your friend a $100 Amazon.com Gift Card by email about 30 days after:
- your friend uses your personalized link to register for an MCAT program that is $1,000 or more and starts the program by June 6, 2021, and
- you start an MCAT program with us that is $1,000 or more by June 6, 2021 (or you have previously taken such a program according to our records).
This referral program is only available to U.S. and Canada customers and applies only to referrals that you made on or after May 22, 2018 but before April 6, 2021. For clarity, this referral program does not apply to referrals made before May 22, 2018, even if the friend you referred uses your referral to register for an MCAT program on or after May 22, 2018 or starts the program on or after May 22, 2018.
For the invited friend: we will notify the friend who invited you when you enroll in an MCAT program and have earned the gift card.
*Restrictions apply. See www.amazon.com/gc-legal.
20. APPLE-ENABLED SOFTWARE APPLICATION (applicable only to our mobile applications downloaded from Apple’s App Store (“App”)).
(a) You and we acknowledge that these Terms are concluded between you and us only, and not with Apple, Inc. (“Apple), and that as between Apple and us, we, not Apple, are solely responsible for the App and the content thereof.
(b) Your license to use the App is limited to a non-transferable license to use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(c) You and we acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.
(d) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, to the extent it cannot be disclaimed under applicable law, will be our sole responsibility.
(e) To the extent that you or a third party has claims relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, you and we acknowledge that we, not Apple, are responsible for addressing such claims. Nothing in these Terms will be deemed an admission that you may have such claims.
(f) To the extent we are required by law to address claims that the App or your possession and use of the App infringe a third party’s intellectual property rights, you and we acknowledge that we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims.
(g) 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.
(h) If you have any questions, complaints or claims with respect to the App, they should be directed to the following email address: firstname.lastname@example.org
(i) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.