Welcome to the Navigant Consulting, Inc. and its subsidiaries (“Navigant,” “Navigant Group", we,” “our,” or “us”) websites (e.g., navigant.com, navigantresearch.com, navigantconsulting.com, navigantconsulting.co.uk, navigantcapitaladvisors.com, cymetrix.com), our other related mobile websites, mobile Navigant applications (“mobile apps”), services, tools, and other applications (the “Site”). Thank you for visiting and learning more about Navigant.
Contents & Summary
2. Updates to Terms. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity. This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. The Information You Give Us Must be Correct. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Navigant believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
5. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.
6. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, NAVIGANT AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF NAVIGANT (“THE NAVIGANT GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE NAVIGANT GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NAVIGANT GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE NAVIGANT GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NAVIGANT GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
7. Limitation of Liability. THE NAVIGANT GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE NAVIGANT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE NAVIGANT GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Binding Arbitration of All Disputes; No Class Relief.
(a) U.S. Residents: To the fullest extend permissible by law, with the exception of disputes pertaining to Navigant intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Navigant arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Navigant. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Navigant shall pay the costs and fees of JAMS and the arbitrator. Navigant agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at Navigantforeigndispute@Navigant.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Navigant and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or Navigant to resolve the Section 8(b) Dispute on terms either you or Navigant, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
9. Trademarks and Copyrights. This Site and materials incorporated by Navigant on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Navigant on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Navigant or others (“Trademarks”). Navigant respects the intellectual property rights of others and asks users of this Site to do the same.
10. Your Use of Material. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Navigant. Any authorization to copy Material granted by Navigant in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
11. Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE NAVIGANT GROUP OR CONTENT PROVIDERS. NAVIGANT DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF NAVIGANT. NAVIGANT MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN NAVIGANT'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
12. Submissions, Postings and E-mails. Navigant is interested in hearing from you regarding your questions or comments about our Site. However, the Navigant Group does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of the Navigant Group.
13. Invited Submissions. From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
14. Our Use of Content. Navigant will consider anything you provide to Navigant and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions, Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
15. User Content. Applications, responses to Requests for Proposal, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to Navigant (“User Content”), you automatically and irrevocably:
a. Retain ownership of your User Content, and grant and assign to Navigant a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Navigant and/or by any person authorized by Navigant, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
b. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
c. Appoint Navigant as your agent with full power to enter into any document and/or do any act Navigant may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
d. Warrant that you are the owner of the User Content and entitled to enter into these Terms;
e. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Navigant shall not be liable for any use or disclosure of such User Content.
16. Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we at Navigant want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
a. Your name, address, telephone number, and e-mail address;
b. A description of the copyrighted work that you claim has been infringed;
c. The exact URL or a description of each place where alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
e. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
f. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
c/o: Dawn Cassie
Navigant Consulting , Inc.
150 N. Riverside Plaza, Suite 2100
Chicago, IL 60606
17. Responsible Use of Site. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Navigant, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
18. Content Limitations. We at Navigant require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
a. Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
b. Disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any actor appearing in the content;
c. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
d. Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
e. Violates any law or may be considered to violate any law;
f. You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary, or confidential information received in the context of an employment or a non-disclosure agreement);
g. Advocates or promotes illegal activity;
h. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
i. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
j. Solicits funds, advertisers or sponsors;
k. Includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
l. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
m. Copies any other pages or images on this Site except with appropriate authority;
n. Includes MP3 format files;
o. Amounts to a 'pyramid' or similar scheme;
p. Amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
q. Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
r. Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Navigant anywhere on this Site (e.g., on any web space made available for your use).
19. Release. If you have a dispute with one or more users (including merchants), you release us (and our parent company Navigant, affiliates and subsidiaries, and our and their respective officers directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
20. Indemnity. You agree to indemnify and hold harmless Navigant and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Navigant's servers, and/or from any and all use of your account.
21. System Abuse. Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.
22. Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Navigant shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Navigant considers insecure, Navigant will be entitled to require this to be changed and/or terminate your account.
23. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Navigant reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
24. Investigations. Navigant reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. Navigant may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Navigant may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Navigant believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Navigant will fully cooperate with any law enforcement authorities or court order requesting or directing Navigant to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE NAVIGANT GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE NAVIGANT GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE NAVIGANT GROUP OR LAW ENFORCEMENT AUTHORITIES.
25. Service. In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
26. Reservation of Rights. Navigant reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
27. Local Regulations. Navigant makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
28. Third-Party Sites. This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Navigant, and you acknowledge that (whether or not such sites are affiliated in any way with Navigant) Navigant is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Navigant or any association with its operators.
Navigant cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Navigant since other shop channels are owned and operated by independent retailers. Navigant does not endorse any of the merchandise, nor has Navigant taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Navigant does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
29. Proprietary Online Services. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
30. Jurisdictional Issues. The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
31. Choice of Law. With the exception of Section 8 which will be construed in accordance with the FAA and Illinois law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within Illinois.
32. Notice to California Residents. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
33. How To Contact Us. This Site is controlled and operated by Navigant located at 30 S. Wacker Dr., Suite 3100, Chicago, IL 60606. Please forward any comments or complaints about the Site to firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com.
34. General. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Navigant relating to the matters contained here and the Site.
Terms Applicable For Apple iOS
If you are accessing or using the online services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:
(c) You acknowledge that Navigant, and not Apple, is responsible for providing the Site and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services.
(g) Further, you agree that if the Site, or your possession and use of the Site, 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.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
(i) When using the online services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the online services.