loader

Easable^TM End User License Agreement

This End-User License Agreement (this “EULA”) is a legal agreement between you and Easable Program, which is owned and operated by Pfizer Inc. and its affiliates (“Pfizer”) and powered by FirstView Financial, LLC, and its affiliates (“FirstView”) (collectively, Pfizer and FirstView are “we,” “us,” or “Easable”) regarding your use of Easable mobile application (the “App”), and the services Easable provides in connection with the App, including the Products described below (together with the App, the “Services”), as such Services may be updated, supplemented, or replaced by Easable from time to time, as well as any data or content that is accessed or utilized by the Services. By agreeing to this EULA and subsequently installing or using any part of the Services, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not entitled to use the Services and must uninstall the App from all of your devices.

THIS EULA CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS VARIOUS CONDITIONS, LIMITATIONS, AND EXCLUSIONS, INCLUDING LIMITATIONS OF LIABILITY IN SECTION 19 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 25.

BY AGREEING TO THIS EULA, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

1. Easable Products. This EULA governs your use of any Easable products available through the App (the “Products”). The Products governed by this EULA include:
   1. Testing: Users may upload results of at-home tests manufactured by third-party providers (“Test Kits”). Information pertaining to Test Kits, including regulatory status and approval, is provided by the applicable third-party manufacturer. Easable makes no representations or warranties regarding the quality or accuracy of third-party Test Kits. Any Test Kits and related results shall be deemed Third Party Services and subject to Section 13.
   2. Virtual Visits: Users may access telehealth services from third-party medical service providers, including but not limited to Truepill (collectively, “Providers”) during virtual visits. Each Provider is responsible for exercising their own professional judgment and complying with all requirements applicable to their profession and license, including their professional decision to provide treatment or prescriptions based on information provided to them by you, test results, or other information they use to render the healthcare services. Any services provided to you by Providers shall be deemed Third Party Services and subject to Section 13.
   3. Treatments: Users may be prescribed certain treatments in connection with their use of the Services, including pharmaceutical products manufactured by Pfizer or its affiliates. Easable makes no representations or warranties regarding the treatments. Any treatments shall be deemed Third Party Services and subject to Section 13.
2. License. Subject to the terms and conditions of this EULA, and any additional software license terms that accompany any downloads or updates, Easable grants you a non-exclusive, revocable, non-transferable, non-assignable license (without right of sublicense) to: (i) install and use one copy of the App, solely in machine executable object code form, on your personal mobile device, solely to the extent permitted by the terms and conditions of the app store through which the App was offered to you (the “App Store Terms”), and (ii) use the Services as they may be provided to you; in each case, solely for your personal, non-commercial use. Notwithstanding Sections 28 and 29 of this Agreement, in the event of any conflict between this EULA and the App Store Terms, this EULA shall control. You acknowledge that Easable has no control over the App Store Terms and has no responsibility or liability for any changes in the App Store Terms, the app store’s services or the functionality of or terms relating to any device on which you download or use the App.
3. Updates. In its discretion, Easable may offer Updates to the App (each, an “Update”). These Updates may expand, diminish, or change the features or functionality of the Services. Easable grants you a limited non-exclusive license to download Updates that may be made available by Easable to update or restore the App on your personal mobile device, subject to the terms and conditions of this EULA applicable to the App, and subject to any additional terms that accompany such Update. Updates may be made available to you through the App, and may allow you to choose whether or not to install the Update. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so.
4. System Requirements. Use of the Services requires an iOS or Android mobile device, such as a tablet or smart phone, and use of the Services requires internet connectivity and internet or Wi-Fi access. You acknowledge and agree that all such mobile device system requirements are within your own responsibility. Use of the Services involves transmission of data to and from your mobile device, and such transmission may cause you to incur charges under your mobile telecom service provider’s data plan. You acknowledge and agree that all such charges are within your own responsibility. Easable excludes any and all responsibility for the data transmission process. The data transmission process (including its speed, connectivity, and/or quality) is administered by and lies within the responsibility of your mobile telecom service provider.
5. Restrictions. The Services are protected by applicable intellectual property and other laws, including without limitation United States copyright and patent laws and international treaty provisions. The following requirements apply to your use of the Services:
   1. You may not copy (except as expressly permitted in this EULA), modify, adapt, translate into any language, distribute, or create derivative works based on the Services or any part of it without the prior written consent of Easable.
   2. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Services or any part of it to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void.
   3. You acknowledge that the Services contain proprietary trade secrets of Easable and its suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code or underlying techniques, ideas, or methodology of the App or any part of the Services by any means whatsoever and you agree not to encourage or assist any other person to do so, except to the extent the foregoing restriction is prohibited by applicable Law, and you agree not to interfere with or circumvent the security of the Services, including without limitation by accessing or attempting to access any account that you are not authorized to access.
   4. You may not use any robot, spider, or other automatic device, process, or other means to crawl, scrape, or otherwise access the Services, or use any means to reproduce or alter the navigational structure or presentation of the Services, for any purpose, including monitoring or copying any of the material on the Services, without Easable’s prior written consent.
   5. You may not use or copy the Services in order to spam, phish, pharm, pretext, or engage in similar acts, including without limitation to impersonate or attempt to impersonate Easable, an Easable employee, another user, or any other person.
   6. You may not introduce into the Services or use the Services to store or transmit any viruses, Trojan horses, worms, logic bombs, spyware, or other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, hardware, software, or equipment.
   7. You may not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services.
   8. You may not access any Services in order to build a competitive product or service or to conduct benchmarking tests or other analysis comparing the Services with a non-Easable product or service.
   9. You may not interfere, circumvent, or attempt to interfere with or circumvent the security, integrity, or performance of the Services in any way.
   10. You agree that you will use the Services only in accordance with all applicable U.S. and foreign local, state, federal, national, and provincial statutes, regulations, rules, and orders, all international treaties, and all other laws (each, a “Law”) and only within the express scope of the license granted in Section 2 above. You agree not to use the Services to infringe upon or violate our intellectual property rights or those of others or to store or transmit infringing, libelous, or otherwise unlawful or tortious material or material in violation of third-party privacy rights.
   11. You agree not to use the Services for the purpose of exploiting, harming, or attempting to exploit or harm anyone, including by threatening to expose their personally identifiable information, or otherwise.
   12. You agree not to use the Services in any manner that could disable, overburden, damage, or impair Easable’s or its service partners’ servers or networks, or interfere with any other party’s use of the Services, including without limitation via denial-of-service or similar attacks.
   13. You agree not to use the Services to engage in any other conduct that may harm Easable or expose Easable to liability.
6. Ownership. The Services are licensed, and not sold, to you under this EULA. You have no ownership rights in the Services, any related documentation, or any intellectual property rights therein. Easable and its suppliers retain all right, title, and interest in and to the Services (including any Updates, changes, modifications, or corrections thereto), any related documentation, and any intellectual property rights therein.
7. Trademarks. Easable^TM, FIRSTVIEW®, and PFIZER® names and logos, as well as other trademarks, names, and logos used in connection with the Services, are trademarks or registered trademarks of Easable or its licensors or licensees. Ownership of these trademarks, names, and logos, and the goodwill associated with them, remains with Easable or those other entities, and you are not authorized to use any such trademarks, names, and logos except as expressly provided in this EULA.
8. Eligibility. To use the Services, you must be: (i) at least 18 years of age to use the Services, (ii) located in the United States (excluding Puerto Rico and the U.S. Virgin Islands) at the time you request and receive the Services, and (iii) either an eligible employee of a company with a valid agreement with Easable for the Services currently in effect or the dependent of that employee.
9. Accounts; Security. To access the Services, you must create a user account. You agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Easable; and that you will only submit information about yourself. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. In creating an account, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your username, password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including any and all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Easable immediately of any breach of security or unauthorized use of your account. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available through the App. You further agree not to e-mail, post, or otherwise disseminate any username, password, or other information which provides you access to the Services. Easable is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or for any loss arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Services.
10. User Content. In connection with your use of the Services, you may provide us with information, data, text, audio, photographs, graphics, video, messages or other content or materials (collectively, “User Content”). You are solely responsible for all User Content that you upload, post, e-mail or otherwise transmit via the Services. You represent and warrant that you own the content submitted, displayed, published, or transmitted by you on or through the Services and otherwise have all the necessary rights to upload or post your User Content and that your User Content complies with this Agreement. You represent and warrant that the displaying, publishing, or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity. We reserve the right to remove or disable access to any User Content that we reasonably believe violates this EULA. Easable assumes no liability for any information removed from the Services and reserves the right to permanently restrict access to the Services or a user account.
11. Personal Information. By using the Services, you agree to the collection, retention, processing, and use of your personal data (including the location of your mobile device, technical information about your device, and the date and time of access of the Services) by Easable and its suppliers and to the storage and processing of such personal information on computers located both inside and outside of the country in which you reside. See Easable’s Privacy Notice available in this App (the “Privacy Notice”) for additional information regarding Easable’s collection, retention, processing, and use of your personal information. If you do not wish to have your data processed by Easable and its suppliers in accordance with their respective privacy policies, then you must not use the Services.
12. Suggestions. If you elect to provide or make available to Easable any suggestions, comments, ideas, improvements, or other feedback or materials related to any Easable product or otherwise (collectively, “Suggestions”), Easable will be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title or interest in or to, any implementation of your Suggestions by Easable, including, without limitation, any Easable product that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Services.
13. Third Party Applications, Products and Services. The Services may integrate with, distribute products of or provide connectivity or links to other third party services, websites, applications, software, testing, functionality, and other content from third party providers such as medical product and service providers, wireless carriers and third party software application developers (collectively, “Third Party Services”). The App may allow you to add or configure certain Third Party Services to your mobile device or purchase and use such Third Party Services in connection with Easable. If you use such functionality, you authorize Easable to reproduce, publish, transmit, and make your information available to the applicable third parties. Easable has no control over, makes no representations or warranties whatsoever about any of the Third Party Services that you may access; is not responsible for the availability, quality, features, performance or any other aspect of such Third Party Services; and is not responsible or liable for such Third Party Services, including but not limited to any content or materials available through such Third Party Services. Your use of the Third Party Services may be subject to additional terms, including software license terms and privacy policies, of those third parties. You understand and agree Easable is not responsible for these third parties, their products or services, or their use of any other of your information. Your use of the Third Party Services is at your own risk.
14. Payment: The Services may only be accessed and used with a subscription purchased by your employer. We reserve the right to increase fees, or charge you fees directly, for the Services at any time. We will notify you of any fees or changes relating to costs of using the Services by posting notice of such changes in the App or otherwise by providing you with adequate notice, and you will have the opportunity to cease your use of the Services if you do not agree to any such changes. We may terminate your use of the App at any time should payment not be received from any individual or company responsible for payment.
15. Medical Emergencies. EASABLE DOES NOT REPRESENT THAT ANY TESTS RELIED UPON BY YOU OR THE PROVIDERS FOR TREATMENT ARE ACCURATE OR OF DIAGNOSTIC QUALITY. ANY RELIANCE ON TESTS OR OTHER PRODUCTS FOR DIAGNOSIS AND TREATMENT ARE WITHIN THE DISCRETION AND PROFESSIONAL JUDGMENT OF THE PROVIDER. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE SERVICES AND CALL 911. YOU ACKNOWLEDGE THAT THE INFORMATION, DATA, RESULTS, ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED THROUGH THE SERVICES ARE NOT INTENDED, OR TO BE CONSTRUED, AS INDEPENDENT MEDICAL ADVICE OR TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH THE SERVICES.
16. Limitations Regarding the Services. Easable, without any liability to you, (i) may suspend or cease providing, may limit, or may disable access to all or part of the Services at any time with or without notice to you, (ii) will have no obligation to you to provide any Services, (iii) may change the form and nature of any aspect of the Services at any time with or without notice to you, (iv) will have no liability whatsoever to you or any third party for any failure of the Services to transmit your information to any Third Party Service. Easable relies on contractual arrangements with third parties to provide the Services, and Easable is not responsible for the failures of those third parties. In addition, Easable may have a separate agreement with the individual or company that has purchased Easable (which may include your employer), and Easable may have rights or obligations to terminate the Services in connection with such agreement. Easable will use reasonable efforts to provide a reasonable notice period in advance of any changes that will materially affect your use of the Services. It is your responsibility to regularly download and/or back-up your data and your mobile device.
17. Storage. The Services may provide functionality through which you are able to store information on the device on which you are using the Services. Easable will have no liability whatsoever to you or any third party for any failure of the Services to store any such information on such device.
18. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE SERVICES IS WITH YOU. SHOULD THE SERVICES PROVE DEFECTIVE, NONE OF EASABLE, ITS AFFILIATES, ITS LICENSORS OR SUPPLIERS, OR ANY PROVIDER OF ANY APP STORE THROUGH WHICH THE APP WAS OFFERED TO YOU, OR ANY OF EASABLE’S OR ITS AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “EASABLE PARTIES”) SHALL HAVE ANY LIABILITY. EASABLE PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. EASABLE PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR DEVICES, OR THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, OR VIRUSES, OR THAT ERRORS IN THE SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO EASABLE TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES. NO ORAL OR WRITTEN PROMISE, ADVICE, OR INFORMATION PROVIDED TO YOU BY ANY SELLER OR DISTRIBUTOR OF DEVICES, ANY EASABLE LICENSEE, OR ANY REPRESENTATIVE OF EASABLE WILL CREATE ANY WARRANTY OBLIGATION OF EASABLE. EASABLE PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.
19. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY EASABLE PARTY OR ANY EASABLE LICENSEE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OR CORRUPTION OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR YOUR USE OF OR RELIANCE ON ANY INFORMATION, DATA, RESULTS, ADVICE, DIAGNOSIS, OR TREATMENT YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF SUCH EASABLE PARTY OR EASABLE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD ANY EASABLE PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
20. Exclusions and Local Laws. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Furthermore, mandatory local consumer protection Laws, which this EULA does not replace or exclude, may offer you legal rights and remedies in addition to the rights and remedies provided to you under this EULA. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Easable may not, as a matter of applicable Law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Easable’s liability shall be the minimum permitted under such applicable Law.
21. Termination. This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the App and related documentation in your possession or under your control and ceasing all use of the Services. This EULA will automatically terminate if you violate any of the terms of this EULA, if your employer violates any of the terms of its agreement with Easable relating to the Services, or such agreement is terminated by Easable or your employer. Additionally, Easable may terminate this EULA at any time, in its sole discretion, whether by ceasing to provide the Services or otherwise. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.
22. Export Laws. You acknowledge that the laws and regulations of the United States and other countries restrict the export and re-export of commodities and technical data. You agree that you will not export or re-export the Services or any part of them in any form in violation of the Laws of the United States or any foreign jurisdiction. By installing the App or using the Services, you represent and warrant that you are not (i) a national or resident of any country to which the United States has embargoed goods, or (ii) on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders. You also agree that you will not use the Services or any part of them for any purposes prohibited by any applicable Law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
23. Use Outside the United States. The Services are not available for use in all countries or regions, nor are they translated into all languages. Easable makes no representation that the Services, or any part of them, are available or appropriate for use in any particular location. To the extent you choose to use or access the Services outside the United States, you do so at your own initiative and you are responsible for compliance with all applicable Laws, including without limitation all privacy Laws.
24. Miscellaneous. This EULA, including the Privacy Notice which is incorporated by reference, is the entire agreement between you and Easable with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an Update, any agreement that may have been included with an earlier version of any part of the Services) concerning, the Services. In no event shall any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA. This EULA is governed by the laws of the State of New York, as such laws apply to contracts between New York residents entered into and performed entirely in New York (notwithstanding your place of residency), except that the dispute resolution clause below shall be enforced and interpreted exclusively in accordance with applicable U.S. federal law, including the U.S. Federal Arbitration Act. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by Easable to prosecute any right with respect to a default hereunder will not constitute a waiver by Easable of the right to enforce rights with respect to the same or any other breach.
25. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. YOU AND EASABLE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    1. You hereby agree that any claim or dispute between you and Easable, whether brought by you or by Easable, arising out of or relating in any way to this EULA or your use of the Services must be resolved through final, binding arbitration, except that either you or we may assert claims in small claims court if those claims qualify under applicable Law. In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. The arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow this EULA, as a court would.
    2. All arbitrations under this EULA shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims. You acknowledge and agree that unless otherwise agreed in writing by you and Easable, with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims. You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waiver of your rights to bring or participate in court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, Ohio’s Unfair and Deceptive Trade Practices Act and any other state consumer protection laws.
    3. The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator administered by JAMS or its successor (“JAMS”) and conducted pursuant to the then-current Streamlined Arbitration Rules and Procedures (available at https://www.jamsadr.com/rules-streamlined-arbitration/) and, if you are an individual, in accordance with JAMS’ Consumer Arbitration Minimum Standards (available at https://www.jamsadr.com/consumer-minimum-standards/) (as applicable, the “JAMS Rules”). If the JAMS Rules conflict with any portion of this EULA, this EULA shall control. You and Easable shall mutually agree on a neutral arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, then JAMS will choose the arbitrator. The arbitration of any claims or disputes hereunder shall be conducted in New York, New York, except that if you are an individual the arbitration may be conducted in the county or parish of your primary residence. You or we also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
    4. The arbitrator shall apply the law of the State of New York as stated above, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by this EULA, including without limitation injunctive or declaratory relief, specific performance, and damages. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award also will provide a concise written statement of the essential findings and conclusions on which the award is based. Each party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys’ fees to a prevailing party that may be a part of any statute under which you or we may bring a claim. The award of the arbitrator may be entered as a judgment in any court of competent jurisdiction.
    5. YOU AND EASABLE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH PARTY EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTIONS 25(A) AND (B) ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH CLAIMS OR DISPUTES RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, YOU AND EASABLE HEREBY AGREE TO RESOLVE ANY AND ALL SUCH CLAIMS DESCRIBED ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION 25(A)-(E).
    6. To the extent that a dispute is not subject to arbitration under this Section 25, such dispute must be resolved exclusively through an action brought in the appropriate state or federal court located in New York, New York and both parties irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience of the forum. You and we expressly waive the right to a jury trial in connection with any such lawsuit and agree that no such lawsuit can be brought as a class action or other representative action.
26. End-User Terms Required by the Apple App Store. Notwithstanding anything in this EULA to the contrary, if you acquire a copy of the App you have no greater rights to use the App than are permitted under the Usage Rules in the App Store Terms of Service (the “Usage Rules”), you may not use the App in any way that conflicts with the Usage Rules, and you may only use the App on an Apple-branded product running iOS that you own or control, as permitted by the Usage Rules. You and Easable each acknowledge and agree that (i) this EULA is concluded between you and Easable, and not Apple, Inc. (“Apple”); (ii) Easable, and not Apple, is solely responsible for the App; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App (if any), to the maximum extent permitted by applicable Law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Easable and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Easable’s sole responsibility subject to the terms of this EULA; (v) Easable, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Easable and Apple, Easable, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (vii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof. You represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the App. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
27. End-User Terms Required by the Google Play App. If you acquire a copy of the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Easable Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in this EULA, the Google Play Terms shall apply with respect to your use of such App. You and Easable hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by you, Easable or any third party under this EULA or the Google Play Terms.